Landowners move to force D204s hand

[wvhsparent]

lacy said:

slp said:

The reason why the jury verdict is viewed by some as 'out of line' is because they (the jury ) were required to determine a price based on the value of the land at the time the condemnation proceeding was FILED. (Please interject if someone knows...wasn't that at least two years ago?)

That is not an apples to apples comparison to what Preit paid THIS YEAR due to the passage of time.

We never heard this from anyone but SB supporters.

If the jury's verdict was flawed because they failed to follow the instructions given to them, that would be obvious grounds for an appeal - or even reason for the judge to not accept their findings.

But we appealed for different reasons - correct?

I just think some have never accepted that the jury returned a verdict that was fair, but not one some people wanted to accept. Kinda like denial.

So we keep blaming everyone but the SB for the mess we're in. They never had a plan B and it's becoming clear that they aren't working on anything other than still trying to get BB.

Part of the appeal is based on the jury instructions along with a few other things.

[macy]

slp said:

lacy said:

How can you say the jury's price was out of line when Preit paid that much or more per acre for their parcel and the SB offered $500K per acre for 40 acres??

Also, why would QT have helped? The jury's price still would have come in where it did.

All of this looks to me like an attempt by the SB to continue to lay blame at someone else's feet. The big bad lawyers for BB, the public who didn't approve the first referendum, the jury, etc.... It just really gets old.

The reality is we have NO idea if they have actually tried to negotiate with any other land owner because everything has been in secret.

How hard is it to make an offer on another piece of land? The SB makes it seem like it's some impossibility.

I think what they're really doing is leading us all down a road where they say, well we couldn't buy anything but BB so we have to pay this ridiculous price - but it wasnt' our fault.

The reason why the jury verdict is viewed by some as 'out of line' is because they (the jury ) were required to determine a price based on the value of the land at the time the condemnation proceeding was FILED. (Please interject if someone knows...wasn't that at least two years ago?)

That is not an apples to apples comparison to what Preit paid THIS YEAR due to the passage of time.

Determining a price based on the value of the land at the time of the condemnation filing, is based on the law, no? It doesn't matter whether we think it's "out of line" in today's market.

As much as I don't like the verdict, if the jury followed the instructions and came to a decision based on 2005 values, an appeal won't change the price. It will only cost the district more $$ in terms of legal fees and delay cost.

[wvhsparent]

It may, as those other prices cited here such as Lehigh Station were also from 2005 IIRC.

It may also as there were several cited that were higher too. Part of the appeal is also based on the method several of the BB trust's appraisers used to determine value.

I also think M2 did say it was a longshot. One never knows unless one tries.

[rew]

Has anyone heard anything regarding the trust's motions? They were supposed to go before the judge Monday.

[wvhsparent]

rew said:

Has anyone heard anything regarding the trust's motions? They were supposed to go before the judge Monday.

I checked earlier today, nothing has been posted to the case history at the Clerks Office. The next court date was listed as Jan 8