Pendarvis Construction Corp. v. Cobb County-Marietta Water Authority

Pope, Presiding Judge.

A jury returned a verdict of $5,826 in favor of Pendarvis Construction Corporation in a condemnation action involving an easement for an underground water line over its property sought by Cobb County-Marietta Water Authority (the “Water Authority”). Pendarvis appeals and contends a jury charge impermissibly shifted the burden of proof and the court erroneously excluded certain material evidence.

1. The court instructed the jury with regard to the burden of proof as follows:

The law puts the burden of proof upon the condemnor to prove by a preponderance of evidence what…