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General Lighting Distrib. Inc. v. Cobb County, Ga.

Trial court properly charged the jury that the condemnee bore the burden of establishing that the condemned property was unique, thereby giving rise to damages for the diminished value of the condemnee's business.

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Cobb County condemned a parcel of land owned by General Lighting Distributing, Inc. for a road improvement project. Following a hearing, a special master awarded General Lighting $450,000. General Lighting appealed the award, demanding a jury trial. The jury returned a verdict for $506,300, and the trial court entered judgment for General Lighting in that amount. General Lighting appeals, contending that the trial court gave an erroneous jury charge on the burden of proving business damages. As the charge was a correct statement of the law, we affirm.

At trial, General Lighting sought damages for “the diminished value of the business” due to having to relocate. At trial, the judge charged the jury that

 
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