City of Charlotte v. Whippoorwill Lake, Inc.

THOMAS, Judge.

Plaintiff, the City of Charlotte, appeals a jury award of $530,635.55 in a condemnation action against defendant, Whippoorwill Lake, Inc. The tract at issue is 11.6 acres, including a lake, and is near Charlotte/Douglas International Airport.

The City sets forth two assignments of error: (1) the trial court erred in allowing defendant to file an answer after expiration of a statutory twelve-month deadline; and (2) the trial court abused its discretion in denying plaintiff’s motion for a new trial because the evidence did not support the jury’s verdict. Defendant sets forth two…