Gardner v. Department of Transportation

Sognier, Judge.

Gardner appeals from the trial court’s denial of his motion for new trial following a jury verdict in a condemnation action awarding him compensation for the taking of .02 acres of land and a temporary construction easement.

1. Appellant contends that the trial court erred in charging that consequential damages to the remainder of appellant’s property could be reduced by the amount of special consequential benefits, when there was no evidence of consequential benefits. Appellant’s reliance on Theo v. Dept. of Transp., 160 Ga. App. 518 (4) (287 SE2d 333) (1981) is misplaced for…