JTA v. McEldowney, Jenkins, Santoni
JTA v. Glaser, Newton, Portwood
JTA v. Dunes Apartments
Mr. Brigham represented over twenty different homeowners and an apartment complex in three successive trials involving partial takings for the Wonderwood Connector in Jacksonville, Florida. Many of the homes were located on beautifully canopied Ft. Caroline Road, a two-lane road.
The Jacksonville Transportation Authority (“JTA”) took the owners’ front-yards to construct a new four-lane, major arterial roadway. Initial offers recognized little or no severance damages to the homes or apartment complex. Jury verdicts recognized substantial severance damages in each of the three cases.
Lonnie and Jonnie Portwood were among the homeowners that Mr. Brigham represented. JTA’s initial offer was in the amount of $9,225. After a full week of jury trial, Mr. Brigham was able to obtain a verdict of $141,993 on behalf of the Portwoods, exclusive of attorneys’ fees and costs. Subsequently, when JTA’s construction exceeded the duration of the temporary construction easement, Mr. Brigham filed an inverse condemnation on behalf of the Portwoods. This resulted in an additional award of $10,183.
JTA’s approach of “we’ll pay you fully for your front yard, but nothing for any damage to your home,” was not what ultimately was determined to be the measure of what makes an owner whole.
Link: Article “Jury to Decide Compensation in Road Project Partial Taking”
Times Union – August 2006
Link: Local News “Jacksonville Homeowners on Ft. Caroline Road Stand Their Ground in Eminent Domain Case”
First Coast News (ABC 25) – May 2010