BROADCASTS.com

This podcast is provided by Ben Glass and Steve Emmert

www.BenGlassReferrals.com - www.Virginia-Appeals.com

Granted Appeal Summary

Case 

HELMICK FAMILY FARM, LLC v. COMMISSIONER OF HIGHWAYS (Record Number 180691)

From 

The Circuit Court of Culpeper County; S. Whitlock, Judge.

Counsel

Michael J. Coughlin and Matthew A. Westover (Walsh, Colucci, Lubeley & Walsh, P.C.) for appellant. 

Mark R. Herring, Stephen A. Cobb, Jeffrey R. Allen, Nancy C. Auth, and Andrea A. Adibe (Office of the Attorney General) and Robert R. Dively for appellee.

Assignments of Error

1. The circuit court erred by excluding testimony and evidence regarding the reasonable probability that the property would be rezoned.

2. The circuit court erred in giving Instruction 7. This instruction prohibited the condemnation commissioners from considering the reasonable probability of rezoning of the property to a different designation and stated that such a rezoning is speculative and remote. 

3. The circuit court erroneously excluded evidence relating to the highest and best use of the property, including the reasonable probability that, as of the date of take, it would be rezoned. In doing so, the court erroneously barred testimony from Helmick’s experts, Charles Dennis and Charles Carter, including the grounds for their respective opinions, and erroneously excluded Exhibits 23, 27, 29-41, and 48. 

4. The circuit court erred by prohibiting Helmick’s representative from testifying about the basis for his opinion of the value of the property taken, and by excluding exhibits 27 and 44 through 47.

5. The circuit court erred by giving Instruction 8 because it was an incomplete and prejudicial recitation of a portion of the County’s Comprehensive Plan, and amounted to comment on the evidence.

Source Document: http://www.courts.state.va.us/courts/scv/appeals/180691.pdf