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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.


City of Suffolk v. Upton Farms, Inc.

INITIAL OFFER: $2,000,000
JUST COMPENSATION SETTLEMENT: $3,100,000

The City of Suffolk undertook a plan to improve the intersection of Shoulders Hill Road and Nansemond Parkway. Upton Farms, Inc. owned property on all corners and quadrants of the affected intersection. The City's initial offer of just compensation was slightly more than $2 million for all four properties. Upton Farms understood that the project severely impacted their properties and refused the City's offer, retaining Waldo & Lyle. The City's project placed a retention pond on the corner of one parcel, the most marketable portion of that property, compressed the useable acreage of another of the properties such that only 50% of the site was buildable and created a number of other issues for the properties. The project eliminated the owner's control of the road frontage, changed the grade, pushed by-right development and sign placement away from the road and imposed various easements on the property. After mediating the cases individually, Upton Farms, with the assistance of Waldo & Lyle agreed to a settlement with the City of Suffolk for more than $3.1 million.

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