Dept. of Trans. & Public Facilities v. Alaska Laser Wash, Inc.

The State of Alaska and the owner of a car wash reached an agreement for the State to acquire the car wash site as part of a highway improvement project. After the State acquired the site, the owner elected not to relocate the car wash. The owner then brought an inverse condemnation suit against the State, claiming business damages resulting from the State’s acquisition. At the close of a jury trial the superior court denied the State’s motion for a directed verdict; awarded the owner $1.79 million in damages and the court awarded attorney’s fees and costs. The State appealed, arguing that the owner’s claimed damages were not compensable because it was feasible for the owner to relocate the car wash after the State acquired the original site. After review, the Supreme Court agreed with the State that feasibility was the correct standard for analyzing the owner’s decision not to relocate when deciding whether he was entitled to business damages. Accordingly, the Court reversed the superior court’s denial of the State’s motion for directed verdict, vacated the attorney’s fee and costs awards, and remanded for reconsideration of prevailing party status, attorney’s fees, and costs. View "Dept. of Trans. & Public Facilities v. Alaska Laser Wash, Inc." on Justia Law