W. Va. Dept. of Transportation, Div. of Highways v. CDS Family Trust, LLC

While I agree with the majority's decision that a new trial was required in this matter due to the improperly and heavily-weighted reliance on the market price of potential mitigation credits, I find it necessary to write separately to address my additional concern that trial courts need to properly marshal evidence that is adduced for purposes of valuing wetlands. Other than quoting from the decision in Department of Transportation v. Southeast Timberlands, Inc. , 263 Ga.App. 805, 589 S.E.2d 575 (2004), the majority offers very little advice to the trial court for its handling of this case…