Case History

Brent Simon Case History and Results


Hundreds of eminent domain cases have been resolved through presuit negotiation, mediation or jury trial.  Several multi-million dollar settlements and jury trial verdicts have been awarded. Property located along the I-4 corridor in Tampa Florida was improved with older metal warehouse buildings which included large industrial bridge cranes.  The Florida Department of Transportation acquired portions of two metal buildings.  Prior to the take , the owner planned to utilize the property for state of the art manufacturing of fuel cells.  The Florida Department of Transportation Defense to the proposed use of the property and owners values were that the City of Tampa zoning laws would prohibit the use of certain chemicals at the property.  The owner successfully proved that the site was no different from the Chlorox plant nearby and that the chemicals were certainly no more toxic than those already utilized in the immediate neighborhood.  The result of the jury trial was a multi-million dollar increase. Motor vehicle repair shop located on Florida Avenue in Lakeland Florida.  The Florida Department of Transportation wanted a whole take as part of a retention pond and beautification project.  The owner sucessfully proved that there was no engineering necessity for the taking and the order of taking was denied.  The motor vehicle repair shop still exists today next to a lineal retention pond where other buildings once stood. Vero Beach Florida the County acquired the front portion of a ranchette style property.  In addition to receiving payment for the property taken and damages to the remainder, negotiations resulted in the County conveying adjoining property. Fortune 500 Auto Parts Company in Orlando Florida.  The proposed acquisition would take parking and interfere with driveway access.  After negotiations, the plans were modified so that the parking would not be disturbed and the business could continue to operate with minor inconvenience during construction rather than permanent loss of parking and access. Every case is truely unique which will result in a unique outcome.  Outcomes from past cases are not necessarily a reliable prediction of future outcomes.  The individual facts of the case and the owners desires shape the ultimate case outcome whether it is monatary or more creative in engineering or alternative conciderations.