Verdicts & Settlements

The attorneys at The Odom Firm, PLLC are proud of what we have been able to accomplish for our clients. Whether by jury verdict or agreed-upon settlement, we have worked tirelessly to ensure that our clients are justly compensated for the taking of their properties or injuries.  The cases set forth below are a sampling of results achieved for our clients in order to show how different results have been obtained in different circumtances.

This is a partial list and does not constitute a promise of any kind. Please remember that these cases and the results achieved were based on many factors and results differ from case to case, depending on the circumstances particular to each situation.  The outcome of a particular case cannot be predicated upon an attorney's or a law firm's past results.  Our past successes should not be construed as a representation that we will be successful with any particular case in the future, and not every case in which we have been involved has resulted in a favorable outcome.


Partial taking by City of Charlotte in Mecklenburg County, NC

Brief Statement of Claim: The City of Charlotte took approximately .09 acres for stormwater drainage and utility improvements and a 3.5 year temporary construction easement across the side and rear of a single-family residential property in Cotswold which caused the removal of  trees and shrubs.

Initial offer/deposit: $37,775.00

Settlement amount: $78,343.00 ($40,568.00 or 107% increase)

Case Name: City of Charlotte v. Catron

Date Concluded: January 2017

Attorneys for Landowners: David W. Murray

Stormwater drainage construction


Partial Taking by N.C. DOT in Richmond County, NC

Brief Statement of Claim: The DOT took approximately 96 acres of open rural land for construction of a new by-pass around Rockingham for Hwy 220 and I-73.

Initial offer/deposit: $102,600

Settlement amount: $325,000 ($222,400 or 217% increase)

Case Name: Department of Transportation v. Blackmon

Date Concluded: December 2016

Attorneys for Landowners: David W. Murray and T. LaFontine "Fountain" Odom, Sr.


Partial Taking by City of Charlotte in Mecklenburg County, NC

Brief Statement of Claim: The City took approximately .17 acres and a permanent utility easement of .06 acres which eliminated all parking for a commercial building being used as a clothing store on N. Tryon St. for expansion of the LYNX Blue Line light rail.

Initial offer/deposit: $540,040.00

Settlement amount: $689,514.55 ($149,474.55 or 28% increase)

Case Name: City of Charlotte v. Amanat Fashions Corp.

Date Concluded: November 2016

Attorneys for Landowners: David W. Murray

Fashion Warehouse


Partial Taking by City of Charlotte in Mecklenburg County, NC

Brief Statement of Claim: The City took approximately .66 acres, a temporary construction easement for 4 years of .34 acres, and a permanent utility easement of .16 acres which affected parking area at the Adams Auto car sales lot on N. Tryon St. for expansion of the LYNX Blue Line light rail.

Initial offer/deposit: $328,925

Settlement amount: $445,000 ($116,075 or 35% increase)

Case Name: City of Charlotte v. Darwich

Date Concluded: August 2017

Attorneys for Landowners: David W. Murray and Thomas L. Odom, Jr.

Adams Auto


Partial Taking by City of Charlotte in Mecklenburg County, NC

Brief Statement of Claim: The City of Charlotte took temporary construction and permanent easements across parking areas used by a cafe-style fast food restaurant tenant. The lease for the restaurant allowed the tenant to obtain a reduction in rent from the landowner as part of compensation for the taking.

Settlement amount for tenant: $20,100 for sign replacement; $511,250 reduction in rent

Case Name: City of Charlotte v. Roseclay, LLC; Panera, LLC v. Roseclay, LLC

Date Concluded: May 2016

Attorneys for Tenant: David W. Murray

Panera


Partial Taking by N.C. DOT in Charlotte, Mecklenburg County, NC

Brief Statement of Claim: The Department of Transportation took approximately 3.16 acres of a total of 24.7 acres in front of two residential farm houses and horse stable.  The taking caused an elimination of direct access to Old Concord Rd.  The new Old Concord Rd. was raised approximately 40 feet causing a substantial slope in front of the houses and properties.

Initial offer/deposit: $329,800

Settlement amount: $630,000 ($300,200 or 91% increase)

Case Name: DOT v. Helms; DOT v. Ferguson (consolidated for mediation)

Date Concluded: March 2016

Attorneys for Landowners: David W. Murray and Thomas L. Odom, Jr.

Helms and Ferguson Properties


Partial Taking by N.C. DOT in Concord, Cabarrus County, NC

Brief Statement of Claim: The Department of Transportation took approximately .157 acres and additional easements for completion of roadway improvements related to the completion of the widening of Davidson Highway (73) in Concord.  The taking caused the existing convenience store gas station on the property to close and required total redevelopment of the store site.

Initial offer/deposit: $248,650.00

Settlement amount: $575,000.00 ($326,350.00 or 131% increase)

Case Name: Department of Transportation v. Prime Business, LLC

Date Concluded: December 2015.

Attorneys for Landowners: David W. Murray and Thomas L. Odom, Jr.

Prime Business Gas Station


Partial Taking by N.C. DOT in Shelby, Cleveland County, NC

Brief Statement of Claim: The Department of Transportation took approximately .437 acres and additional easements for completion of roadway improvements related to the completion of the widening of I-74 near Shelby. The majority of the damage was because the DOT eliminated direct access to I-74 which caused the new access at the rear of the property to cross a regulated stream leaving the property almost inaccessible.

Initial offer/deposit: $11,925.00

Settlement amount: $135,000.00 ($123,075.00 or 1,032% increase)

Case Name: Department of Transportation v. Parker

Date Concluded: November 2015.

Attorneys for Defendants: David W. Murray and Thomas L. Odom, Jr.

Parker Property Stream


Partial Taking by City of Charlotte in Mecklenburg County

Brief Statement of Claim:

The City of Charlotte took approximately .22 acres and additional easements for completion of roadway improvements related to the completion of the Lynx Blue Line light rail on N. Tryon St. in Charlotte in front of a Verizon Wireless store.

Initial offer/deposit: $243,817.00

Settlement amount: $384,199.00 ($140,382.00 or 58% increase)

Case Name:

City of Charlotte v. Tryon, LLC

Date Concluded: October 2015.

Attorneys for Defendants:

David W. Murray


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately .133 acres and additional easements for completion of roadway improvements related to the completion of the widening of I-74 (Independence Blvd.) in Charlotte; deposit of $248,650; settlement of $460,000 ($211,350 or 85% increase).

Principal Damages:

A partial taking of .133 acres of 2.209 acres of commercially zoned land being used for commercial purposes (from 3 separate parcels in 3 consolidated cases) and taking for various utility, drainage and construction easements. The majority of the damage suffered was from the proximity of the new lanes to the buildings on the property (being used by market, restaurant and car rental businesses).

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. Marinakos (12-CVS-22535); Marinakos (12-CVS-22556); Liberty Foods East (12-CVS-22082)

Date Concluded: Settlement reached August 19, 2015.

Attorneys for Defendants:

David W. Murray and Thomas L. Odom, Jr., The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT in Robeson County, NC

Brief Statement of Claim:

The Department of Transportation took approximately .329 acres and additional easements for completion of roadway improvements related to ramp improvements over I-95 in Lumberton; deposit of $97,850; settlement of $290,000 ($192,150 or 196% increase).

Principal Damages:

A partial taking of .329 acres of 2.239 acres of commercially zoned land being used for a convenience store gas station and taking for various utility, drainage and construction easements.

Trial or Settlement:

Settlement

County where Tried or Settled:

Robeson County

Case Name and Number:

Department of Transportation v. Sonny Oliver Realty Co., 12-CVS-551

Date Concluded: Settlement reached July 10, 2014.

Attorneys for Defendants:

David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 10.084 acres and additional easements for completion of roadway improvements related to the completion of the I-485 loop around Charlotte; deposit of $303,025; settlement of $764,000 ($460,975 or 152% increase).

Principal Damages:

A partial taking of 10.084 acres of 23.485 acres of residentially zoned land being used for residential and agricultural purposes and taking for various utility, drainage and construction easements. The property was split in half by the taking.  The highest and best use of the property was disputed.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. Thompson, 12-CVS-4320

Date Concluded: Settlement reached March 20, 2014.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT in Mecklenburg County, NC

Brief Statement of Claim:

Partial taking of multifamily residential site for completion of the I-485 loop around Charlotte; deposit of $432,150; settlement of $750,000 ($317,850 or 74% increase)

Trial or Settlement:

Settlement

County Where Tried or Settled:

Mecklenburg

Case Name and Number:

Department of Transportation v. Mulvaney Group, Ltd. 12-CVS-5296

Date Concluded: Settlement in January 2013

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte


Total Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 4.713 acres for completion of roadway improvements related to the completion of the I-485 loop around Charlotte; deposit of $324,000; settlement of $1,100,000 ($776,000 or 240% increase).

Principal Damages:

A total taking of 4.713 acres of residentially zoned land being used for residential purposes.  The highest and best use of the property was commercial and the property had a high likelihood of rezoning.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. Perkins, 11-CVS-20449

Date Concluded: Settlement reached August 14, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 8.002 acres and additional easements for completion of roadway improvements related to the completion of the I-485 loop around Charlotte; deposit of $369,650; settlement of $1,050,000 ($680,350 or 184% increase).

Principal Damages:

A partial taking of 8.002 acres of 70.565 acres of residentially zoned land being used for agricultural purposes (from 4 separate parcels in 2 consolidated cases) and taking for various utility, drainage and construction easements totaling approximately 3 acres. The property owners previously sold a large portion of the land for the location of I-485 to the DOT but additional area was needed by the DOT.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. Doris Maxwell, et al., 11-CVS-21069; 21918

Date Concluded: Settlement reached December 4, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT results in Multi-Million Dollar settlement

Brief Statement of Claim:

The Department of Transportation took approximately 14.348 acres for completion of the I-485 loop around Charlotte; deposit of $319,325; settlement of $5,750,000 ($5,430,675 or 1,701% increase).

Principal Damages:

A partial taking of 14.328 acres of 52.92 acres acres of commercially zoned land being used for agricultural purposes owned by a family trust with a .108 acre drainage easement and a .108 acre utility easement.  DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion.  Taking resulted in "controlled-access" to the remainder of the property which caused substantial damage to the remainder and eliminated any commercial use of the remainder.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. CJ Garrison Trust and Mary T Garrison Trust, 12-CVS-2689

Date Concluded: Settlement reached August 19, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 1.729 acres for completion of the I-485 loop around Charlotte; deposit of $111,550.00; settlement of $499,000.00 ($387,500 or 348% increase).

Principal Damages:

A partial taking of 1.729 acres of 5.583 acres of commercially zoned land being used for residential purposes with a single-family residence owned in a family trust and a .162 acre utility easement.  DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. CJ Garrison Trust and Mary T Garrison Trust, 12-CVS-2687

Date Concluded: Settlement reached August 19, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 4.94 acres for completion of the I-485 loop around Charlotte; deposit of $150,250; settlement of $1,505,000 ($1,354,750 or 902% increase). This was originally a partial taking of less land but the DOT amended, with consent of the property owner after filing an inverse condemnation counterclaim, to take an additional uneconomic remainder tract.

Principal Damages:

A partial taking of 4.94 acres of commercially zoned land being used for agricultural purposes with substantial damage to the .4 acre remainder.  DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. Donna Garrison, et ux., et al., 12-CVS-2688

Date Concluded: Settlement reached August 19, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Total Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 3.656 acres for completion of the I-485 loop around Charlotte; deposit of $102,375; settlement of $1,290,000 ($1,187,625 or 1,160% increase).

Principal Damages:

A total taking of 3.656 acres of commercially zoned land being used for agricultural purposes owned in a family trust.  DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. CJ Garrison Trust and Mary T Garrison Trust, 12-CVS-2690

Date Concluded: Settlement reached August 19, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Total Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 5.63 acres for completion of the I-485 loop around Charlotte; deposit of $347,575.00; settlement of $1,505,000.00 ($1,157,425 or 333% increase).

Principal Damages:

A total taking of 3.656 acres of commercially zoned land being used for residential purposes with a single-family residence. DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion.  This was originally a partial taking but the DOT amended, with consent of the property owner after filing an inverse condemnation counterclaim, to take the uneconomic remainder tract.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. Y. Edward Garrison, 12-CVS-2692

Date Concluded: Settlement reached August 19, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Total Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 10 acres (2 parcels) for completion of the I-485 loop around Charlotte.  There were originally two separate partial takings but the Court granted inverse condemnation claims against the DOT finding that there was a total taking of both parcels which were unified.  Original deposit of $786,100; settlement of $1,995,000 ($1,208,900 or 154% increase); inverse condemnation costs and attorneys' fees award of $29,000.

Principal Damages:

Originally a partial taking of 10 acres of commercially zoned land being used for residential purposes.  Taking resulted in placement of "controlled-access" curbing and fencing completely around the remainder tracts rendering them uneconomic remnants.  Court ruled that original taking included the uneconomic remnants and that there was a total taking of the 10 acres.  DOT sought to have the Court exclude the commercial zoning from consideration, but the Court denied the DOT's motion.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg County

Case Name and Number:

Department of Transportation v. Buch, 11-CVS-10160, 10662

Date Concluded: Settlement reached July 26, 2013.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 2.5 acres for expansion/widening of Highway 601; deposit of $55,300; settlement of $200,000 ($144,700 or 262% increase).

Principal Damages:

Partial taking of a church's 30 acres (two parcels) of property which eliminated direct access to Highway 601 from the larger tract because of placement of "controlled-access" curbing and fencing.

Trial or Settlement:

Settlement

County where Tried or Settled:

Union

Case Name and Number:

Department of Transportation v. Trustees of Galilee Baptist Church, et al., 08-CVS-993

Date Concluded: Consent Judgment dated October 7, 2011.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Personal Injury from City of Charlotte Bus Collision

Brief Statement of Claim:

City of Charlotte bus rear-ended handicapped accessible van that was stopped at a red light at an intersection; jury verdict of $800,000 in compensatory damages; interest from the date of filing $239,193; jury verdict of $250,000 in punitive damages; interest from the date of filing $89,315; costs $26,822.

Principal Damages:

A female in her 70s who was confined to a wheelchair as a result of muscular sclerosis but had full use of her arms sustained severe permanent injuries to her shoulders which caused her severe limitation in the use of her arms.

Trial or Settlement:

Trial (and Appeal by Defendants)

County where Tried or Settled:

Mecklenburg

Case Name and Number:

Springs v. City of Charlotte, et al., 07-CVS-11908

Date Concluded: Judgment dated August 15, 2008; compensatory damage award affirmed by Court of Appeals on January 18, 2011; punitive damage and cost award affirmed by Court of Appeals on August 7, 2012.

Attorneys for Plaintiffs:

T. LaFontine Odom, Sr. (trial and appeal), Thomas L. Odom, Jr. (trial and appeal), and David W. Murray (appeal), The Odom Firm, PLLC of Charlotte.


Partial (Temporary) Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately .1 acres for a temporary drainage easement on Providence Road; deposit of $64,450; settlement of $195,000 ($130,550 or 203% increase).

Principal Damages:

Partial temporary taking of an area adjacent to a golf course fairway for a roadway storm drain catch basin which caused substantial increase in the amount of water being disbursed over and across the fairway resulting in a claim for a permanent drainage easement.

Trial or Settlement:

Settlement

County where Tried or Settled:

Mecklenburg

Case Name and Number:

Department of Transportation v. Providence Country Club, et al., 08-CVS-1085

Date Concluded: Consent Judgment dated December 14, 2010.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately .6 acres for six lane intersection on Brawley School Road; deposit of $118,800; settlement of $215,000 ($96,200 or 81% increase).

Principal Damages:

Partial taking of a family's 4.2 acres (two parcels) of property for placement of above ground power lines and widening of two lane intersection into a four lane intersection with additional turning lanes which was approximately 30% closer to the residential house on the property than the existing intersection.

Trial or Settlement:

Settlement

County where Tried or Settled:

Iredell

Case Name and Number:

Department of Transportation v. Blackwelder, 08-CVS-3951

Date Concluded: Consent Judgment dated November 15, 2010.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT

Brief Statement of Claim:

The Department of Transportation took approximately 5 acres for expansion /widening of Highway 601; deposit of $35,300; settlement of $390,000 ($354,700 or 1,005% increase).

Principal Damages:

Partial taking of a farmer's 9.6 acres of property which could have been rezoned to allow a convenience shopping center with 50,000 to 70,000 square feet of retail development.  The taking of 5 acres left the remainder of the parcel unable to be developed for commercial use.

Trial or Settlement:

Settlement

County where Tried or Settled:

Union

Case Name and Number:

Department of Transportation v. Howey, et al., 06-CVS-1076

Date Concluded: Consent Judgment dated April 22, 2010.

Attorneys for Defendants:

Thomas L. Odom, Jr., The Odom Firm, PLLC of Charlotte.


Property Acquisition by City of Monroe:

Brief Statement of Claim:
The City of Monroe took road frontage for widening of road adjacent to airport. The City also needed to acquire the whole property in order to allow for a future runway expansion project at Monroe Regional Airport.  Offer of $295,900.00; settlement of $408,000.00 ($121,100.00 or 38% increase).

Principal Damages:
Total acquisition of family's 3.6 acres (three parcels) of property with one stick-built home and one manufactured home.

Trial or Settlement:
Settlement

County where Tried or Settled:
Union

Case Name and Number:
City of Monroe v. Simons, 09-CVS-599

Date Concluded: Settlement Agreement dated October 1, 2009.

Attorneys for Defendants:
Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Property Acquisition by City of Monroe:

Brief Statement of Claim:
The City of Monroe took road frontage for widening of road adjacent to airport.  The City also needed to acquire the whole property in order to allow for a future runway expansion project at Monroe Regional Airport.  Offer of $201,300.00; settlement of $290,000.00 ($88,700.00 or 44% increase).

Principal Damages:
Total acquisition of family's 2 acres of property with one stick-built home and two manufactured homes.

Trial or Settlement:
Settlement

County where Tried or Settled:
Union

Case Name and Number:
City of Monroe v. Love, 09-CVS-595

Date Concluded: Settlement Agreement dated October 1, 2009.

Attorneys for Defendants:
Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.


Total Taking by Charlotte-Mecklenburg Board of Education

Brief Statement of Claim:

The Board of Education took 4.3 acres for an elementary school; deposit of $252,000; jury verdict of $412,775 ($160,775 or 64% increase); interest from the date of deposit $14,773.68; $1,834.55 in costs taxed against the Board of Education for mediation and deposition expenses.

Principal Damages:

Total taking of mother and son's 4.3 acres (two parcels) of property with three small rental houses which could have been developed into a subdivision.

Trial or Settlement:

Trial (One Week)

County where Tried or Settled:

Mecklenburg

Case Name and Number:

Charlotte-Mecklenburg Board of Education v. Chronister, 08-CVS-7785; Charlotte-Mecklenburg Board of Education v. Chronister, 08-CVS-7786

Date Concluded: Judgment dated June 15, 2009.

Attorneys for Defendants:

Thomas L. Odom, Jr. and David W. Murray, The Odom Firm, PLLC of Charlotte.

Verdict Published in North Carolina Lawyer's Weekly, February 1, 2010


Total Taking by City of Charlotte

Brief Statement of Claim:

City took 3.6 acres for airport purposes; deposit of $845,500; jury verdict of $2,000,000 ($1,154,500 or 137% increase); interest from the date of deposit $169,724; $44,874 in costs taxed against the City for deposition expenses and expert witness expenses.

Principal Damages:

Total taking of husbands and wife's 3.6 acres of income producing property used for a rental car business and airport parking prior to the taking.

Trial or Settlement:

Trial (Two Weeks)

County where Tried or Settled:

Mecklenburg

Case Name and Number:

City of Charlotte vs Hurlahe, et al, 02-CVS-22903

Date Concluded: Judgment dated November 9, 2004.

Attorneys for Defendants:

Thomas L. Odom, Jr. and T. LaFontine Odom, Sr., The Odom Firm, PLLC of Charlotte.


Partial Taking by N.C. DOT-Inverse Condemnation

Brief Statement of Claim:

DOT filed condemnation action for temporary construction easement of 6663 square feet for new highway; deposit of $3,600; counterclaim by landowner for inverse condemnation of 5.75 acres; landowner prevailed at Section 136-108 hearing over DOT's argument that the 5.75 acres had been dedicated; DOT appealed; Court of Appeals Affirmed; Supreme Court denied Certiorari; Settlement of $575,000 ($571,400 or 15,872% increase).

Principal Damages:

Taking of 5.75 acres and construction easement.

Trial or Settlement:

Section 108 Hearing and Settled after Appeals exhausted.

County where Tried or Settled:

Mecklenburg

Case Name and Number:

DOT v. Elm Land Co., et al, 00-CVS-18104; 163 N.C. App 257, 593 S.E. 2d 131, cert denied, 358 N.C. 542, 599 S.E. 2d 42 (2004)

Date Concluded:

June , 2004

Attorneys for Defendants:

T. LaFontine Odom, Sr. and Thomas L. Odom, Jr., The Odom Firm, PLLC of Charlotte.


Total Taking by N.C. DOT

Brief Statement of Claim:

DOT took 6196 square feet of land and 18,000 square foot building for train station in uptown Charlotte; deposit of $586,000; settled at mediation for $986,000 ($400,000 or 68% increase).

Principal Damages:

Total taking of landowner's 6196 square feet of land and 18,000 square foot building as an art gallery, performing arts venue, and artist studios.

Trial or Settlement:

Settled at mediation.

County where Tried or Settled:

Mecklenburg

Case Name and Number:

DOT vs. Hart, et al, 03-CVS-2005

Date Concluded:

August, 2004

Attorneys for Defendants:

Thomas L. Odom, Jr. and T. LaFontine Odom, Sr., The Odom Firm, PLLC of Charlotte.


CONSUMER LAW/BANKRUPTCY

Brief Statement of Claim:

Auto repair sole proprietorship claiming to be a "pure trust" filed action and claimed materialman and possessory lien for repairs to auto; consumer counterclaimed for unlawful repair charges and lien fees, unfair and deceptive trade practices and punitive damages; Judgment on counterclaim of $20,000 trebled to $60,000 and attorneys fees of $17,000; Jury verdict of $350,000 on punitive damage claim reduced to $250,000; Fraudulent Deeds of Trust and transfer of assets to "Pure Trusts"; consumer/creditor put Plaintiff/debtor into Involuntary Bankruptcy; Trustee appointed; Fraudulent Deeds of Trusts and transfers to be set aside and sale of assets by trustee; Settlement of $360,000.

Principal Injuries:

Damage to auto and loss of use for over one year while Plaintiff held the auto of $20,000.00 (trebled) to $60,000.00 and award of attorney fees of $17,000.00; punitive damage verdict of $350,000.00 reduced to $250,000.00

Trial or Settlement:

Partial Summary Judgment and trial in District Court and settlement in Bankruptcy Court.

County where Tried or Settled:

Mecklenburg

Case Name and Number:

Burton v.Hobbs, 00-CVD-5450 (Mecklenburg County); In re: Burton, 02-3259 (W.D.N.C.)

Date Concluded:

May, 2004

Insurance Carriers:

N/A

Attorneys for Defendant Beverly Hobb:

Thomas L. Odom Jr., The Odom Firm, PLLC of Charlotte.


Jury awards $1.19M for the taking of horse farm property

Lawyers Weekly: Oct 15, 2007

This case arose when the plaintiff, the N.C. Department of Transportation, filed a condemnation action on March 2 2005.
The plaintiff took 3.1 acres of the defendant land owner's 19.9-acre horse farm for a relocated service road that was needed for a new interchange on 1-77 in Iredell County. The plaintiff deposited $157,000 upon filing the action.
The jury awarded $1,013,000 ($856,000 or 545% increase) in damages. Judgment on the verdict awarded an additional $155,000 in post-taking interest and $21,000 in costs for expert witness fees. The final award of just compensation was $1,191,000.
The defendant and her late husband purchased the property in 1972, built their home, raised their family and for many years grew hay and boarded and trained horses on it.
The plaintiff's partial taking left the defendant with a 14-acre parcel of property and an irregular 2.6-acre parcel.
One of the defendant's witnesses, an MM real estate appraiser, said the difference in the fair market value of the property before and after the taking was $I,013,000.
Another witness, an expert in land use and zoning, said the original 19.9-acre property had the reasonable probability of being rezoned before value, and the taking affected the reasonable probability of rezoning the 2.6-acre parcel.
Also, an expert in landscape architecture, land planning and construction drawings for roads and highways for DOT approval, illustrated and explained the improvements and the effect of the taking on the property.
The plaintiff stated in opening statements that it would present evidence of a value between $127,000 and $157,000. However, the plaintiff did not submit any evidence at trial.
After the court entered judgment on the verdict on June 27, 2007, the plain-tiff filed notice of appeal. While the appeal was pending, the parties voluntarily agreed to resolve all issues, and an amended judgment on the verdict was entered in May 2007.
In that judgment, the plaintiff was ordered to pay into court a sum of $1,011,346 in addition to the $157,000 that the plaintiff had deposited with the clerk of court.