This is the second appearance of this case arising out of a settlement in which Gwinnett County agreed to, among other things, purchase 16.203 acres of property from Old Peachtree Partners, LLC for the price of $5.2 million. The settlement was reached to resolve all of the pending litigation between the parties, including a condemnation action that had been filed by the County. The trial court initially concluded that the settlement agreement was unenforceable, but this Court reversed and held that the County was bound by the settlement. See Old Peachtree Partners, LLC v. Gwinnett County, 315 Ga. App. 342, 345-348 1 726 SE2d 437 2012 “Old Peachtree Partners I”. Following remand, the trial court entered an order enforcing the settlement, and the parties closed on the transaction, with the County paying Old Peachtree for the purchase of the 16.203 acres. The trial court ultimately awarded prejudgment interest to Old Peachtree on the purchase price for the 16.203 acres of property and ruled that Old Peachtree was entitled to a trial on its claim for incidental damages. The County now appeals the trial court’s award of prejudgment interest and its grant of a trial on Old Peachtree’s claim for incidental damages. For the reasons discussed below, we affirm.
This case began with Gwinnett County filing two lawsuits seeking to acquire property owned by Old Peachtree for a public road extension project.1 Old Peachtree owned two adjacent parcels of property in Gwinnett County located in the area of the road extension, the first parcel consisting of 1.867 acres and the second parcel consisting of 16.203 acres. In the first lawsuit filed against Old Peachtree in April 2008, the County asserted claims for specific performance and breach of contract, seeking to enforce the terms of an option agreement to purchase Old Peachtree’s first parcel of property for $1,100,000. Old Peachtree answered, alleging that the County had failed to satisfy a condition precedent to exercising the option. Old Peachtree also asserted counterclaims for fraud and for inverse condemnation of its second parcel of property, contending that the County’s installation of a sewer line across its property after acquiring the first parcel would destroy Old Peachtree’s ability to develop the second parcel.
