Successful Representation of Public Utility in Condemnation/Eminent Domain Action

Warner successfully represented a public utility in the jury trial of a condemnation / eminent domain action relating to a large vacant property designed for the development of a residential site condominium. While the landowner’s appraisal valued the property in the hundreds of thousands of dollars, the utility’s appraised value was just $9,100. A finding that the property owner’s value was correct would have also statutorily entitled the landowner to tens of thousands of dollars in attorneys’ fees. Warner argued that the landowner’s appraisal was based on hypothetical assumptions and a methodology that the jury should not consider in valuing the property. Following the trial, the jury awarded the landowner just a few hundred dollars more than the utility’s appraised valuation of the property. In a post-trial interview conducted by the court, several jurors commented that Warner’s thorough preparation was evident, and that the examination (and cross-examination) of the witnesses made the difference in the outcome.