This appeal involves a condemnation proceeding between appellant Department of Transportation and appellees Carpets by Ralph Currie, Inc. (“Currie”), and Concept 70 Atlanta, Inc. (“Concept 70”). On October 6,1980, appellant filed its declaration of taking, condemning 2.734 acres of land and various ownership interests connected therewith, including the two leasehold interests that are the subject of this appeal. The land is located at the northwest quadrant of the intersection of Interstate Highways 85 and 285. Appellees were lessees of a building located on the condemned property, which building they used for retail sales showrooms and for warehousing the carpet sold by Currie and the furniture sold by Concept 70. On September 2,1980, after a futile attempt to relocate in the immediate vicinity, Currie sold its assets to Carpet Ventures, Inc., but expressly reserved the right to collect any proceeds allocated pursuant to the condemnation proceedings.
Appellees testified at trial that their location at the condemned site was unique because of the high visibility and exposure from 1-85 *542 and 1-285, the easy access to both of these interstate highways, and the fact that the area surrounding the property was relatively uncluttered by competing traffic. Furthermore, appellees asserted, each store drew customers to the other’s store since both businesses were involved in home furnishings. Each appellee had stores in other locations in metropolitan Atlanta but both insisted that the stores located on the condemned premises were the cornerstones of their businesses.
Appraisers for appellant admitted that an actual purchase of a leasehold interest was “hard to track down” and that they did not find another such sale on which to base their appraisals. Both appraisers used methods of valuation different from the “direct comparison approach.” Their estimates put the value of appellees’ leasehold interest at approximately $40,000 for Currie and approximately $215,000 for Concept 70. Appraisers for appellees testified that the unique value of Currie immediately before the condemnation was $484,000 and that the value after condemnation was zero. The appraisers testified that the replacement value of Concept 70’s leasehold interest would equal approximately $1,000,000.
The jury returned a verdict in favor of Currie for $52,285 for the value of the leasehold interest and $147,715 for the value of the business loss. The jury also returned a verdict in favor of Concept 70 amounting to $590,000 for the leasehold value and $500,000 for the value of the business loss. Appellant bases its appeal on numerous alleged errors on the part of the trial court.
1. Appellant argues that the trial court’s denial of its motion in limine regarding evidence of the business loss damages of both appellees was error.
“[Bjusiness losses are recoverable as a separate item only if the property is ‘unique.’ [Cits.]”
D. O. T. v. Dixie Hwy. Bottle Shop.,
2. Appellant objects to the trial court’s charge relating to the sale of the business and authorizing recovery of leasehold and business loss damages despite the fact that Currie was not in existence on the date of the taking.
Appellant failed to object to this particular charge at trial, thereby waiving appellate consideration of this issue. OCGA § 5-5-24 (Code Ann. § 70-207);
Hunter v. Batton,
In the present case, the time lapse between the sale of the business and the date of taking was only one month and the catalyst of the sale was undoubtedly the impending condemnation proceedings. Accordingly, the facts in support of the trial court’s charge in this instance present an even stronger case than those in Glynn County v. Victor, supra.
3. Appellant contends that the trial court’s charge regarding the alleged uniqueness of appellees’ businesses was improper because it was an incorrect statement of law.
The search for the present test of when a business is adequately “unique” so as to allow the recovery of business loss damages in a condemnation proceeding leads one through a convoluted maze of seemingly irreconcilable decisions. In
Housing Auth. of Atlanta v. Troncalli,
supra, this court stated the rule as follows: “If the property must be duplicated for the business to survive, and if there is no substantially comparable property within the area, then the loss of the forced seller is such that market value does not represent just and adequate compensation to him.” Id., p. 518. This “locality rule” remained undisturbed until 1968 when the court, in
City of Gainesville v. Chambers,
In
Hinson v. D. O. T.,
Three years later, in
MARTA v. Ply-Mart, Inc.,
supra, while addressing an evidentiary problem, the court cited
Chambers
as authority for the general rule of uniqueness, seemingly ignoring its factual differences. It was stated, however, that evidence of the “particular advantages of the condemned property’s location” was admissible to authorize consideration of business loss damage. Therefore, although citing
Chambers,
the court also supported the
Troncalli
interpretation of the uniqueness rule. Later in the same year, the court again cited
Troncalli
as the sole controlling authority regarding the determination of a business’ uniqueness.
D. O. T. v. Kendricks,
A third rule was introduced in
D. O. T. v. Eastern Oil Co.,
The year after the
Southern R. Co.
decision, this court again followed the
Troncalli
rule by name in
D. O. T. v. Vest,
In
Heilman v. D. O. T.,
Since the trial court in the present case charged the jury on all three interpretations of the uniqueness rule and at least slight evidence existed for the jury to make a determination using any of the concepts of uniqueness, the charge was proper and the enumeration of error regarding it is therefore without merit. Housing Auth. of Atlanta v. Troncalli, supra, p. 517.
4. Appellant asserts that the recovery by appellees of fair market value and business loss damages constituted an illegal double recovery. The authorities appellant cites in support of this argument involve situations where the owner of the land is seeking additional damages. D. O. T. v. Vest, supra; Housing Auth. of Atlanta v. *546 Southern R. Co., supra; D. O. T. v. Eastern Oil Co., supra. In the case at bar, it is the lessee of the property who is attempting to recover business loss damages due to the total destruction of his business on the condemned premises. “ [W]hen the business belongs to a separate lessee, the lessee may recover for business losses as an element of compensation separate from the value of the land. . .[Cit.]” (Emphasis supplied.) D. O. T. v. Dixie Hwy. Bottle Shop, supra, p. 315.
Even apart from this obvious distinction, any case holding that the damage caused by the total destruction of a business is not separately recoverable from the fair market value must be seriously questioned in light of the Supreme Court’s holding in Bowers v. Fulton County, supra. “The destruction of an established business is and must be a separate item of recovery... for frequently the value of the business greatly exceeds that of the premises where it is conducted.” Id., p. 739.
Therefore, the recovery by appellees of business loss damages beyond the fair market value of their respective leaseholds did not constitute an illegal double recovery and, accordingly, appellant’s contention is without merit.
5. Appellant contends that the trial court erred in admitting evidence of the unprofitability of a carpet business undertaken by appellee Currie 25 miles from the condemned property, because such evidence was irrelevant. “Any evidence is relevant which logically tends to prove or to disprove any material fact which is at issue in the case, and every act or circumstance serving to elucidate or throw light upon a material issue or issues is relevant. [Cit.] Moreover, where the relevancy or competency of evidence is doubtful, it should be admitted and its weight left to the determination of the jury. [Cits.] ”
Kelly v. Floor Bazaar, Inc.,
We find the evidence regarding the lack of profit of this particular store supported Currie’s contention that it could not successfully relocate the store situated on the condemned property. Furthermore, even if the evidence had been irrelevant, appellant failed to carry the burden of proving that the admission of the evidence was unduly prejudicial to its rights. Appellant’s contention is therefore without merit.
6. Finally, appellant asserts that the trial court erred in allowing *547 appellees’ counsel to cross-examine one of D.O.T.’s appraisal witnesses regarding the cost per square foot of his office space. The witness’ office was located in a building at Presidential Park, which was situated just across Interstate 85 from the condemned property. Appellant’s witness had testified that comparable rental space in the area would cost appellees $1.40 per square foot. Appellees’ counsel was allowed to elicit on cross-examination that the witness’ own office space rented for $8.50 per square foot. The testimony was obviously adduced to illustrate that other rental space in the immediate area rented for much more than the amount of the witness’ appraisal.
“ ‘[Comparability is generally a matter for determination by the court and admission of testimony relating thereto lies within the trial court’s discretion ... [Cit.]’ ”
Weaver v. Ga. Power Co.,
We find that the Presidential Park offices were not so incomparable to the condemned property that the admission of this evidence would constitute an abuse of the trial court’s discretion.
Judgment affirmed.