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Department of Transportation v. McMeans
294 Ga. 436
Ga.
2014
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Background

  • DOT commenced condemnation proceedings for property owned by Brian McMeans in 2010.
  • The petition named McMeans and McMeans Leasing, Inc. (MLI), a corporation solely owned by McMeans.
  • McMeans alleged damages including lost business uses and income from the condemned property.
  • MLI amended to say it would suffer business losses from removal; McMeans added a separate business loss claim.
  • The trial court struck both pleadings after DOT’s motion to strike.
  • The Court of Appeals reversed, but the Supreme Court reversed the Court of Appeals, clarifying corporate separateness.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Can McMeans plead business losses for MLI in the condemnation action? McMeans contends he can plead losses for the business on the property. DOT argues corporate separateness; only MLI may claim business losses as lessee. No; MLI, not McMeans, must plead such losses.

Key Cases Cited

  • Harper v. State of Ga., 292 Ga. 557 (2013) (corporate separateness maintained)
  • Miller v. Harco Nat. Ins. Co., 274 Ga. 387 (2001) (veil between corp. and owner intact)
  • Dept. of Transp. v. Acree Oil Co., 266 Ga. 336 (1996) (post-taking business losses as a separate element)
  • Shelby Ins. Co. v. Ford, 265 Ga. 232 (1995) (corporate entity separate from owners)
  • Heyde v. Xtraman, Inc., 199 Ga. App. 303 (1991) (corporate separateness maintained)
  • Amason v. Whitehead, 186 Ga. App. 320 (1988) (separate corporate entity protected from personal liability)
  • Soerries v. Dancause, 248 Ga. App. 374 (2001) (caution in disregarding corporate entity)
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Case Details

Case Name: Department of Transportation v. McMeans
Court Name: Supreme Court of Georgia
Date Published: Jan 21, 2014
Citation: 294 Ga. 436
Docket Number: S13G0614
Court Abbreviation: Ga.