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