Case Notes - Convenience Store

Circle K Stores, Inc. convenience store

Trial position: Proposed total take
Final Result: Taking denied

Case Notes

• Proposed total taking by the County.
• The taking would have resulted in the business owner/tenant closing its store and not recovering any compensation whatsoever for its business loss.
• The County attempted to avoid payment of business damages by taking the entire parcel.
• The County was denied the total take based on evidence that only part of the property was needed for the project.
• After the denial of the taking, the business owner agreed, through a negotiated settlement, to convey its entire interest in the property in exchange for payment of its business damages.