Department of Transportation v. Byerly

WYNN, Judge.

In this appeal from a condemnation order, defendants present two issues: (I) Did the trial court err by concluding that defendants failed to establish a claim of adverse possession to a tract adjoining their condemned property?; and (II) Did the trial court err by failing to classify the going concern value and/or goodwill of defendants’ business as property taken or damaged by the Department of Transportation? We hold that the trial court’s mixed findings of fact and conclusion of law fail to provide an adequate basis for the review of whether there was sufficient evidence to…