Evans & Rhodes, LLC Negotiates $500,000 Business Loss Settlement for Two Businesses
After the Georgia Department of Transportation (GDOT) condemned two properties in Cartersville, GA, Evans & Rhodes, LLC negotiated a business loss settlement for the large national breakfast chain and convenience store located on the adjacent properties. Each business settled before trial for $250,000 each. In each case, the clients were franchisee holders who held franchise agreements that limited the business’ ability to relocate, thereby creating a unique business environment on the property. Under Georgia law, in order for business loss to be considered in condemnation cases, the business must prove what is called, “uniqueness.” In this case, both businesses were unable to relocate due to their franchise agreements. In other words, the businesses were “unique” to these locations and could not be replicated elsewhere.