In a taking from the old MacDonald farm (really) the primary issue was the highest and best use of the property. Blankingship & Keith first succeeded in reducing the size of the taking. The key ruling at trial was Paul’s success in having the County’s Comprehensive Plan thrown out of evidence because it was based in part on the road to be constructed as part of the taking in the case.
In a role reversal, the firm was hired by the Condemnor to handle the largest condemnation in Virginia in the last 10 years (save the HGLC case at Wilson Bridge also handled by Blankingship & Keith) 3,000 acres on the Potomac River for a park. The parties original difference of value was $60 million v. $33.3 million. Giff and Paul successfully negotiated a settlement for the County to pay $38 million.