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Case Summary: Franklin County, Georgia v. 7.54 Acres and Henry Randolph Ayers

Factual and Procedural Background

Franklin County filed a petition to condemn a 7.54 acre parcel of land owned by Henry Randolph Ayers to expand a landfill adjoining the property. After a hearing before a special master Ayers was awarded $21,000 as actual market value of the property and $79,000 as consequential damages to the remaining property. Franklin County appealed to superior court. At trial the jury awarded Ayers $15,000 as present market value for the condemned property and $67,000 as consequential damages. Franklin County appeals, enumerating error that the trial court erroneously refused to strike the testimony of Ayers's expert concerning consequential damages and erroneously instructed the jury on consequential damages.

Legal Issues Presented

  1. Whether the trial court erroneously permitted the jury to consider evidence concerning consequential damages in the condemnation action.
  2. Whether the trial court erroneously refused to strike the testimony of Ayers's expert witness regarding consequential damages.
  3. Whether the trial court erroneously instructed the jury on consequential damages.

Arguments of the Parties

Appellant (Franklin County) — Contentions

  • Franklin County contends the 7.54 acre tract was not contiguous to the remainder of Ayers's property and therefore consequential damages were not authorized.
  • Franklin County contends the trial court erred in refusing to strike the testimony of Ayers's appraiser concerning consequential damages and erred in instructing the jury on consequential damages.
  • Franklin County presented testimony from a county commissioner (formerly a land surveyor) and the county surveyor that the 7.54 acres did not touch any other property belonging to Ayers.
  • Franklin County also presented evidence that consequential damages to the remainder were zero.

Appellee (Henry Randolph Ayers) — Contentions / Evidence

  • Ayers testified the 7.54 acres adjoined the remainder of his property, stating it had "always been one piece, one parcel" and that it "all joins." He said the 7.54 acres was purchased two years after the remainder and "was all made one tract."
  • Ayers presented an appraiser who testified concerning consequential damages to the remaining property.
  • During trial the jury asked to view the property specifically to determine whether two parcels or only one existed; after viewing the land the jury returned its verdict awarding consequential damages.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Seckman v. Ga. Power Co., 155 Ga. App. 204, 205 (270 S.E.2d 328) (1980) Definition and significance of "contiguous" in ownership of land (means "to touch") and its relevance to consequential damages. The court relied on this principle to frame the threshold question whether consequential damages were authorized — i.e., whether the 7.54 acres "touched" other property of Ayers.
Adsitt v. State, 248 Ga. 237, 239 (2) (282 S.E.2d 305) (1981) That a jury is not obligated to accept opinion evidence of certain witnesses and reject other opinion evidence; generally addresses credibility and weight of opinion testimony. The court invoked this principle to emphasize that the jury could disbelieve trained surveyors and accept Ayers's testimony about contiguity; the jury decides credibility and weight of conflicting testimony.
Ford Motor Co. v. Hanley, 128 Ga. App. 311, 315 (2) (196 S.E.2d 454) (1973) Support for the proposition that the jury may weigh conflicting opinion testimony and is not bound to accept expert opinion over other testimony. The court cited this case to reinforce that the jury could give little or no weight to Franklin County's witnesses and rely on Ayers's testimony regarding whether the parcel adjoined his other land.
Southern Bell Tel. c. Co. v. Don Hammond, Inc., 198 Ga. App. 517, 518 (402 S.E.2d 112) (1991) Trial court's duty to charge the jury on the law applicable to issues where any evidence has been presented to support the instruction. The court applied this principle to hold that because some evidence supported consequential damages (that the tract adjoined other land), the trial court was authorized to charge the jury on consequential damages.

Court's Reasoning and Analysis

The court framed the primary question as whether evidence raised consequential damages such that the jury could consider it. That inquiry turned on whether the condemned 7.54 acres was contiguous to other property owned by Ayers (citing Seckman).

The evidence on contiguity was conflicting: Franklin County produced testimony from a county commissioner (formerly a land surveyor) and the county surveyor that the 7.54 acres did not touch other Ayers property, and presented evidence that consequential damages were zero. Ayers, by contrast, testified the 7.54 acres adjoined his remaining land and that the parcel had been made one tract; Ayers also offered expert testimony concerning consequential damages. The county's appraiser had initially believed the 7.54 acres touched Ayers's property until told otherwise by the county's attorney.

The court explained that resolution of the dispute over whether parcels "touch" was a credibility determination for the jury. It relied on authorities establishing that a jury is not bound to accept expert or opinion evidence from one side and must weigh conflicting testimony (Adsitt, Ford Motor Co. v. Hanley). Because some evidence supported contiguity, the trial court properly permitted the jury to hear consequential-damages evidence and to be instructed on that issue. The jury also inspected the property during deliberations to resolve whether there were one or two parcels; after viewing the land the jury returned the award at issue.

The court further noted that Franklin County moved to strike Ayers's appraiser's testimony after it had been presented, but the county had itself introduced evidence on consequential damages before Ayers presented his evidence; therefore Franklin County could not fairly complain about the admission of evidence on that issue.

Holding and Implications

JUDGMENT AFFIRMED.

Consequences: The Court of Appeals affirmed the jury's verdict in favor of the condemnee, Henry Randolph Ayers, leaving intact the jury award of $15,000 as present market value for the condemned parcel and $67,000 as consequential damages to the remaining property. The opinion holds that where any evidence supports the issue of contiguity, the trial court may permit consequential-damages evidence and instruct the jury accordingly. The opinion does not announce or discuss any broader precedent beyond its application of existing authorities to the facts of this case.

FRANKLIN COUNTY, GEORGIA v. 7.54 ACRES AND HENRY RANDOLPH AYERS.

SMITH, Judge.

The central issue in this appeal is whether the trial court in a condemnation action erroneously permitted the jury to consider evidence concerning consequential damages. We conclude that this issue was raised by the evidence presented, and we affirm the jury's verdict in favor of the condemnee, Henry Randolph Ayers.

Franklin County filed a petition to condemn a 7.54 acre parcel of land owned by Ayers in order to expand a landfill adjoining the property. Following a hearing before a special master, Ayers was awarded $21,000 as actual market value of the property and $79,000 as consequential damages to the remaining property. Franklin County appealed this award to superior court. The case proceeded to trial, and the jury awarded Ayers $15,000 as present market value of the property condemned and $67,000 as consequential damages. In four enumerations of error Franklin County contends the trial court erroneously refused to strike the testimony of Ayers's expert concerning consequential damages and erroneously instructed the jury on this issue.

Resolution of these contentions turns on whether the issue of consequential damages was raised by the evidence. In this case, whether the jury was authorized to consider evidence of consequential damages depends on whether the 7.54 acres sought to be condemned was contiguous to other property owned by Ayers. See generally Seckman v. Ga. Power Co., 155 Ga. App. 204, 205 ( 270 S.E.2d 328) (1980).

Franklin County contends the 7.54 acre tract was not contiguous to the remainder of Ayers's property and therefore consequential damages were not authorized. "The word contiguous when applied to ownership of land means `to touch,' as where tracts of land corner one another. [Cit.]" Id. at 205. The evidence was in conflict as to whether the 7.54 acres sought to be condemned "touched" other property owned by Ayers. Two of Franklin County's witnesses, a county commissioner who previously worked as a land surveyor, and the county surveyor both testified that the 7.54 acres did not touch any other property belonging to Ayers. But Ayers testified that the 7.54 acres adjoined the remainder of his property. He stated that "it's always been one piece, one parcel. . . . It all joins." He stated that the 7.54 acres was purchased two years after the remainder of the land and "was all made one tract." We note the testimony of Franklin County's appraiser that he initially believed that the 7.54 acres touched a portion of property owned by Ayers until told otherwise by Franklin County's attorney outside the courtroom.

The jury heard the evidence and, during deliberations, asked to view the property, specifically with the aim of determining whether two parcels or only one existed. After viewing the land sought to be condemned, the jury returned its verdict which is at issue here. We cannot say that the issue of whether the 7.54 acres touched other property owned by Ayers was so undisputed as to require the court to withhold from the jury consideration of consequential damages. It is true that Franklin County presented testimony from experienced, trained surveyors stating their opinions as to the boundaries of the landfill, the 7.54 acres, and the remainder of the property. It is obvious that Ayers was not so trained. But it was the jury's province to weigh the evidence and assess witness credibility. Regardless of whether Franklin County's witnesses gave their opinions as lay or as expert witnesses, the jury was entitled to give little or no weight to their testimony and to believe that of Ayers. See generally Adsitt v. State, 248 Ga. 237, 239 (2) ( 282 S.E.2d 305) (1981) (jury not obligated to accept opinion evidence of surveyors and reject opinion evidence of law enforcement officials concerning location of county line); Ford Motor Co. v. Hanley, 128 Ga. App. 311, 315 (2) ( 196 S.E.2d 454) (1973). Because some evidence was presented that the 7.54 acres adjoined another portion of land owned by Ayers, the trial court was authorized to permit the jury to hear evidence from Ayers of consequential damages and to charge the jury on this issue. See generally Southern Bell Tel. c. Co. v. Don Hammond, Inc., 198 Ga. App. 517, 518 ( 402 S.E.2d 112) (1991) (trial court's duty to charge jury on applicable law to issues where any evidence presented on which to support the instruction).

Franklin County moved to strike the testimony of Ayers's appraiser concerning consequential damages after his testimony was completed. Franklin County ignores the fact that it too introduced evidence concerning consequential damages before Ayers presented his evidence. Although Franklin County presented evidence that consequential damages were zero, while Ayers presented evidence that the remainder of his property suffered substantial damages, Franklin County cannot be heard to complain when it introduced evidence on the same issue.

Judgment affirmed. Beasley, J., and Senior Appellate Judge Harold R. Banke concur.

SMITH, Judge.

DECIDED OCTOBER 15, 1997.
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FRANKLIN COUNTY v. AYERS
(Oct 15, 1997)