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301 West Freemason St.
Norfolk, VA 23510
Phone: 757.622.5812
Fax: 757.622.5815
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THE CASES AND RESULTS DESCRIBED HEREIN ARE REPRESENTATIVE OF PAST RESULTS OBTAINED BY WALDO & LYLE, P.C. AND ITS ATTORNEYS. PAST CASE RESULTS DO NOT INDICATE OR GUARANTEE FUTURE RESULTS. ALL CASES ARE DISTINCT AND HAVE UNIQUE FACTS, CIRCUMSTANCES AND LEGAL QUESTIONS THAT MUST BE CONSIDERED AND EVALUATED ON THEIR OWN MERIT.


THE EVANGELINE YODER LIVING TRUST v. CITY OF NEWPORT NEWS

INITIAL OFFER: $0
JURY'S VERDICT: $217,000

In this inverse condemnation action Ms. Yoder sued the City of Newport News for creating a flooding condition on her property. In March of 2008 the Newport News Circuit Court ruled that Ms. Yoder’s property had been taken and damaged when the City of Newport News accepted into its storm water management system a drainage system that created a flooding condition on the Petitioner’s property.

In April of 2010 a three-day trial was held to determine the amount of just compensation to be paid for the taking and damaging of the Yoder’s property. The property owner put on evidence that the value of the property taken and damaged was $310,223.00. The City argued that the value was $37,000.00. After being instructed that the owner’s property had been taken and damaged the five-person just compensation jury awarded a total of $217,000 for the taking and damaging of the property. Ms. Yoder used much of her just compensation award to relocate Tender Branch, a stream and pond on her property, in order to prevent future flooding caused by the City. Thanks to the work of Waldo & Lyle on her behalf, her property has been restored to a beautiful park-like setting in which wildlife enjoy the natural environment even in the middle of a busy City.

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