Buck's Service Station, Inc. v. Department of Transportation

Clarke, Chief Justice.

We granted certiorari in this case to consider what business losses are recoverable in a condemnation case. The precise question before us is whether only “permanent” business losses are recoverable as a separate item of damages when months of construction result in severe business losses.

DOT condemned a portion of the property leased to Buck’s Service Station, Inc. (hereinafter Buck’s). DOT also acquired a construction easement during the period February 1985 to September 1986. According to appellant, the construction caused the service station to be at times…