George Lieberman Achieved Trial Victory on Behalf of the Narragansett Bay Commission

Vetter and White is pleased to report that its partner George E. Lieberman achieved a recent trial victory on behalf of Vetter & White’s client, the Narragansett Bay Commission, a public corporation. NBC, as part of its implementation of an overflow sewer project aimed at protecting the Narragansett Bay from contamination, exercised its statutory power to take a real property interest in and to a privately owned commercial property.

The property owner/condemnee Altus Realty initiated a lawsuit claiming that the just compensation owed it was $500,000. Before George became involved in the matter, NBC had paid Altus $200,500.

At trial, George presented evidence that the property was worth $200,040. George established at trial through his cross-examination of Altus’ appraiser that the appraiser, in performing his valuation, had failed: (1) to comply with the Standards of the Appraisal Institute; and (2) to consider a recent sale of the property which was probative of the fair market value of the property; and (3) in making adjustments to his selected comparables, had artificially inflated the value of the taken property by employing a so-called “utility” adjustment, which adjustment proved to be no more than a composite of other adjustments, e.g., access, location, zoning, which the Altus appraiser had already used to adjust (increase) the fair market value of his selected comparables.

The Court rejected entirely Altus’ contention, adopted fully NBC’s position, and entered judgment in favor of NBC, requiring Altus to reimburse NBC in the amount of $460, thus producing a saving of $300,000 for NBC.