Department of Transp. v. Camvic Corp.

In this interlocutory appeal, the Georgia Department of Transportation DOT challenges the denial of its motion seeking to bar a claim for business loss damages. For reasons that follow, we affirm. The superior court granted the DOT’s petition under OCGA § 32-3-1 et seq. to acquire certain real property owned by Camvic Corporation. The taking reduced access to and the number of parking spaces at a building situated on the acquired property, wherein CVS Corporation and Stockbridge CVS, Inc. collectively, CVS were leasing space for a store. Camvic and CVS timely filed notices of appeal for a jury trial on the issue of just and adequate compensation. CVS’s notice of appeal pertinently stated that it was “dissatisfied with the amount of compensation deposited into the Court’s registry by DOT and with DOT’s valuation of the property, including the value of the interests of CVS, and disputed that the valuation is appropriate.”

Thereafter, the DOT asked CVS in an interrogatory whether it was contending that it had suffered “any loss of, injury to, or diminution of business as a result of this condemnation action.” In June 2004, CVS responded in the affirmative. The DOT later deposed the Regional Director of Real Estate, CVS Pharmacy, specifically on CVS’s contention of such loss.