Commonwealth Transportation Commissioner v. American Service Center

By Judge William L. Winston

The Motion in Limine filed by the Petitioner raises certain fundamental issues regarding testimony to be offered by the defendants. This evidence bears upon the question of the assessment of the property owner’s damages to the residue and the method of assessing or calculating those damages. There is no dispute as to the valuation of the land included in the taking.

The defendants seek to recover the cost of acquiring an adjacent parcel of land and the cost of placing a new automotive showroom on it. Neither is recoverable in this case as damages, nor may they be…