Gaylord Merlin recently secured full compensation to a property owner of more than $1,600,000 for the taking of approximately 3,400 sf from a grocery anchored shopping center located in St. Lucie County, Florida. The major issue in the case was the loss of parking as well as the impacts to the configuration of the parking spaces caused by the taking. Before the taking, the shopping center’s parking lot was laid out with angled spaces. However, FDOT took the position that the loss of parking spaces could be mitigated by reconfiguring the parking layout to 90 degree non-angled parallel parking spaces.
Gaylord Merlin was successful in arguing the there was a loss in parking and the angled parking configuration needed to remain as they are required by the lease terms with the grocery tenant, are considered safer, and preferred by most retail users and consumers. As a result of Gaylord Merlin’s efforts the property owner was compensated for the taking and for damages related to the impacts to the remaining property.