Action Sound, Inc. v. Department of Transportation

Mikell, Judge.

In this appeal, Action Sound, Inc. contends that the trial court erred by granting the Department of Transportation’s motion for new trial and in its jury instruction on damages. We agree with the latter contention. After carefully considering the instruction as a whole, we find that the charge at issue constituted reversible error; we reverse on that ground.

As part of a state highway project, in July 1998, the DOT filed a declaration of taking against 0.1444 acres of land and certain easement rights belonging to Daniel R. Coty, Inc., and others. At the time of the declaration,…