Department of Transportation v. Livingston

Pope, Judge.

The appellant Department of Transportation (DOT) condemned .306 acres of land located on the corner of Main and Morgan Streets in LaGrange, Georgia. The property was the site of a full service filling station owned and operated by Joe Livingston, Jr. The trial court entered judgment on the jury’s verdict awarding Livingston $391,000 as just and adequate compensation for the property taken and the DOT filed a motion for new trial. The trial court denied the motion for new trial on November 1, 1990 and the DOT filed a timely appeal to this court. Held:

1. DOT first contends the…