Lee v. Department of Transportation

Sognier, Judge.

The Department of Transportation condemned a 20 by 200 foot strip from a larger parcel of land owned by Julian Lee as part of the widening of Cleveland Avenue in Fulton County. After the trial court granted the DOT’s motion in limine regarding evidence of consequential damages to the remainder of the property, the jury returned a verdict for the value of the taken property, as stipulated by the parties. Lee appeals.

The trial court erred by excluding evidence of the damages to appellant’s remaining property caused by the condemnation which appellant incurred after the date of…