Jeremy Hopkins Secures Victory for Owner of Fast-Food Franchises

Jeremy Hopkins (Raleigh) secured a favorable settlement for the owners of several fast food franchises in Eastern North Carolina in an eminent domain case against the NCDOT. During the third day of trial, the court struck the state’s appraiser, issuing an order prohibiting the NCDOT from using its appraisal because the appraisal violated North Carolina law.  After its appraisal was struck, the NCDOT settled the case, paying nearly $1.2 million on an initial offer of $216,000.

In addition to the financial recovery, the NCDOT agreed to key concessions: restoring the business sign that had previously been removed and which was vital to the restaurant, preserving 15 critical parking spaces that were necessary for the restaurant, removing an unwanted structure that had been placed on the property and which was interfering with access and parking, and providing protections for the drive-aisles and parking areas. These changes came just days after the agency claimed such modifications were impossible.