AAA Million Auto Parts, Inc. v. Affron

This appeal had its beginning in an eminent domain proceeding. The condemning authority made a partial taking of property in order to widen a thoroughfare. Buildings located thereon, leased to the appellant, were also partially taken. The parties here were co-defendants in the condemnation proceeding. Appellant, who conducted a business from the buildings, obtained a judgment for the resulting damages to his business. Appellee, as fee simple owner, settled her claim. A motion was presented to apportion the amount awarded, as damages in the settlement agreement, between the fee simple owner…