Cbi Partners Ltd. Partnership v. Town of Chatham

Eminent Domain, Damages, Expert testimony. Evidence, Value, Opinion, Expert opinion. Practice, Civil, New trial. Prior to trial in this eminent domain case arising out of the defendant town's taking of part of an inn and resort complex in Chatham, the town filed two motions in limine seeking, among other things, to prevent the testimony of Alan J. Green, a principal of the plaintiff, as part owner of the complex, concerning the value of the property before and after the taking and the factors he considered in arriving at his opinion. 1 On voir dire, Green testified extensively as to his familiarity with the locus and the inn complex. 2 The trial Judge denied the motions, ruling that she would not prohibit Green from testifying as to the bases of his opinion as an owner ""and also based upon his history [as] a person who has bought and sold and developed real estate."" The Judge granted the town a continuing objection to Green's stating the bases for his opinion as an owner. At trial, both sides agreed that the highest and best use of the locus was for residential subdivision purposes, and both offered witnesses who used the ""subdivision development"" or ""lot"" approach to valuation discussed in Clifford v. Algonquin Gas Transmission Co., 413 Mass. 809, 813, 816-821, 604 N.E.2d 697 (1992). See Algonquin Gas Transmission Co. v. 60 Acres of Land, More or Less, in Brockton, 855 F. Supp. 449, 453-454 (D. Mass. 1994). See also 4 Nichols, Eminent Domain § 12B.14[1] (rev. 3d ed. 1996). 3 A Superior Court jury returned a verdict for the plaintiff in the amount of $9,295,000. After deduction of a pro tanto payment, judgment was entered for the plaintiff upon the jury verdict in the amount of $4,631,430.75, with interest and costs. The town appeals from the judgment and the trial Judge's order denying its motion for new trial. We affirm.