Commonwealth Transportation Commissioner v. Holly Tree Properties, Inc.

By Judge Gaylord l. Finch, Jr.

This matter came before the Court on the Commonwealth Transportation Commissioner’s Motion to Amend the Certificate of Take and for determination of whether the Petitioner made a bona fide but ineffectual offer to the Defendants to buy the subject property in this condemnation suit. The hearing took place on May 31,2006, at which time each party presented evidence and testimony. At the conclusion of the hearing, counsel were requested to file post trial memoranda. All exhibits, testimony, and arguments have now been reviewed, and the Court makes the following…