Section 23A

Citation: Section 23A
Parent Document: BLT Burger DC, LLC v. Norvin 1301 CT, LLC, 86 A.3d 1139 (2014)
Jurisdiction: DC (municipal)
Effective Date: 2014-03-13
Original Source: https://www.courtlistener.com/opinion/2656505/blt-burger-dc-llc-v-norvin-1301-ct-llc/ ↗

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          In contrast with Livingston‟s methodology, the expert in Latham Land I,
LLC, 96 A.D.3d at 1331, began by calculating the value of the subject property
assuming that the terminated lease was in place ($2,503,846). He then took the
actual sale price of two combined properties ($2,348,037), which included the
subject property without the lease, and subtracted the value of the other property
($1,373,077), leaving $974,960 as the value of the subject property without the
terminated lease in place. The expert then subtracted the $974,960 from the value
of the subject property with the lease in place ($2,503,846), arriving at diminished
value damages of $1,528,886. In contrast with Livingston‟s analysis in the present
case, there was no indication that the actual sale price of the two properties in
Latham Land was deflated, as the Latham Land analysis – unlike the Livingston
analysis – accounted for the full value of the property with the (terminated) lease in
place.
                                         28 D.

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