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Shiv Aban, Inc.v.Georgia Department Of Transportation

CourtCourt of Appeals of Georgia
Docket No.A15A2013
DecidedMarch 29, 2016
JudgesCourt of Appeals of Georgia
Tags
CivilGovernment LawProperty LawCondemnationStatutory InterpretationReversalVacaturRemand
Case Summary

Shiv Aban appealed a condemnation award, arguing that it should receive prejudgment interest on part of the compensation paid by the Georgia Department of Transportation. The Department cross-appealed an award of attorney fees and litigation expenses. The Court of Appeals held that the assessors’ award became the final judgment when Shiv Aban dismissed its request for a jury trial, but the governing condemnation statutes still required interest on the amount established as the value of the property taken. The court therefore reversed the denial of prejudgment interest. It also upheld the attorney-fee award, finding no error in the trial court’s calculation. The litigation-expense award, however, was not apportioned between expenses attributable to the Department’s sanctionable conduct and other expenses. The court vacated that portion and remanded for apportionment and a properly limited award. The judgment was reversed in one appeal and vacated in part in the cross-appeal. The presiding judges concurred.

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Shiv Aban, Inc. v. Georgia Department Of Transportation — The Atlanta Gleaner