FDOT Stormwater Pond Taking: Estuary Corporation (Duval County, FL)
In 2005, Mr. Brigham, while a partner in his predecessor firm Brigham Moore, LLP, represented the Estuary Corporation (Davis Family/Winn Dixie) in a taking of approximately 8 acres proximate to the Mayo Clinic on San Pablo Boulevard in Jacksonville, Florida. FDOT’s initial offer was $646,150. The key issue in the case involved whether or not the highest and best use of the 8 acres taken contemplated mitigation of 4 acres of wetlands through purchase of mitigation credits and wetland creation on the larger parent tract of 100 acres. This effectively increases the developable uplands within the area of taking. A jury trial ensued in which Mr. Brigham was able to persuade the jury to accept this premise. Trial positions differed from a low of $980,500 to a high of $2,478,036. The jury verdict was $2,254,379.