Property owners might be interested in a case that is currently pending in Florida. The case involves Collier County and the lawsuit that was filed and won against it by a subsidiary of CVS Health called RTG and Holiday CVS. In that case, a jury awarded the plaintiffs $6.5 million in an eminent domain case.
Collier County had condemned a portion of the parking lot in order to improve an intersection. CVS and its landlord argued that the 11 parking spaces that were taken from the lot would cause the pharmacy to close by 2015, but it has continued to operate in the location.
The commissioner of Collier County sued, claiming that the companies were unjustly enriched because the jury based its award on the idea that the pharmacy would close down. The county now states that it intends to appeal the judge's decision dismissing its claim. The court found that the jury had sufficient facts before it to make its determination of damages in the original lawsuit. The county said that it intends to drop its claim against the pharmacy but pursue the claim against the landlord. While the pharmacy can claim it has suffered losses, the landlord has continued to reap its rents and has not lost anything, according to the county.
Real estate litigation can be extremely complex and involve losses of millions of dollars. Individuals and businesses who are involved in real estate disputes might want to consult with experienced attorneys who practice in the areas of property rights and real estate law. The attorneys might work to resolve the disputes short of litigating the matters in court. If settlements are not possible, they may litigate the matters fully through trial in court.