Brookhaven Associates v. DeKalb County, 75932

CourtUnited States Court of Appeals (Georgia)
Citation187 Ga.App. 749,371 S.E.2d 231
Docket NumberNo. 75932,75932
Decision Date23 June 1988

Page 231

371 S.E.2d 231
187 Ga.App. 749

No. 75932.
Court of Appeals of Georgia.
June 23, 1988.
Rehearing Denied July 8, 1988.
Certiorari Denied Sept. 8, 1988.

[187 Ga.App. 751] Henry R. Bauer, Jr., Atlanta, for appellant.

Charles N. Pursley, Jr., Thomas A. Bowman, Atlanta, for appellees.

[187 Ga.App. 749] BENHAM, Judge.

Brookhaven Associates appeals from the judgment in a condemnation action after a jury found that $775,000 was just and adequate compensation for the property that DeKalb County took for the construction of a MARTA station. Brookhaven contends that the trial court erred in refusing to admit two pieces of evidence at trial. We disagree and affirm the judgment.

1. At trial, MARTA called its appraiser of the condemned property to testify about his findings. He had concluded that as of March 31, 1983, the date of condemnation, the fair market value of the property was $4.65 per square foot. Brookhaven cross-examined him about that valuation and how it compared with an appraisal report he had prepared in 1974, in which he valued the parcel at $6.50 per square foot, and an appraisal he made in 1982, when he valued the property at $2.00 per square foot. The appraiser admitted to all of the valuations as stated, and did not

Page 232

say that those figures were inaccurate for those dates. When Brookhaven sought to have the actual 1974 appraisal report admitted into evidence so that it could be sent out with the jury in its deliberations, appellees objected, and the trial court ruled in appellees' favor. Brookhaven cites this ruling as error, arguing that the report was a prior inconsistent statement and that under Gibbons v. State, 248 Ga. 858, 286 S.E.2d 717 (1982), and its progeny, the document itself was admissible. We find no error.

Brookhaven mistakenly characterizes the 1974 report as a prior inconsistent statement. A prior inconsistent statement is one that is contradicted by a later statement on the same issue. See, e.g., Lockhart v. State, 169 Ga.App. 931(1), 315 S.E.2d 455 (1984), in which the State impeached a witness who testified at trial that certain persons[187 Ga.App. 750] were not involved in a burglary on a particular day by introducing a tape recording of the witness' prior statement that those persons were involved in the same burglary. The 1974 report Brookhaven sought to introduce did not contradict any statement that the appraiser had made at trial about the...

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10 cases
  • City of Dalton v. Smith, A93A1430
    • United States
    • United States Court of Appeals (Georgia)
    • October 28, 1993
    ...taking. DeKalb County v. United Family Life Ins. Co., 235 Ga. 417, 418, 219 S.E.2d 707 (1975); Brookhaven Assoc. v. DeKalb County, 187 Ga.App. 749, 750(1), 371 S.E.2d 231 (1988); City of Atlanta v. West, 123 Ga.App. 255, 256-257(1), 180 S.E.2d 277 3. In its third and fourth enumerations of ......
  • Georgia Bldg. Services, Inc. v. Perry, s. A89A1277-A89A1279
    • United States
    • United States Court of Appeals (Georgia)
    • October 12, 1989
    ...the trial court properly or improperly disallowed GBS's cross-examination of Landmarks' attorney. See Brookhaven Assoc. v. DeKalb Co., 187 Ga.App. 749, 750-751(2), 371 S.E.2d 231 However, as to Marcasco, the record clearly reflects GBS's request to cross-examine Marcasco's attorney/witness,......
  • City of Atlanta v. Starke, A89A0316
    • United States
    • United States Court of Appeals (Georgia)
    • June 28, 1989 the record for this court to review. See Nash v. Crowe, 222 Ga. 173, 149 S.E.2d 88 (1966); Brookhaven Assocs. v. DeKalb County, 187 Ga.App. 749, 750-751, 371 S.E.2d 231 (b) Appellant also contends that the trial court erred by failing to direct a verdict in its favor based on its statute......
  • Clayton County Bd. of Tax Assessors v. Lake Spivey Golf Club, Inc., A92A2319
    • United States
    • United States Court of Appeals (Georgia)
    • March 9, 1993
    ...In those cases, the jury cannot consider the value of the property prior to the actual taking. Brookhaven Assoc. v. DeKalb County, 187 Ga.App. 749, 750(1), 371 S.E.2d 231 (1988). Similarly, the jury in the instant case cannot consider the value of the Lake Spivey Golf Club prior to January ......
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