VDOT v. Wolf Trap Foundation for the Performing Arts, Inc.

Wolf Trap Foundation for the Performing Arts, Inc. sought to obtain the maximum amount of just compensation for VDOT’s taking of 1.5 acres of Wolf Trap’s land from a 4.97 acre wooded lot for the construction of a traction power substation associated with development of the Metrorail’s Silver Line. Wolf Trap hired WCL&W’s eminent domain practice group led by Michael J. Coughlin based on a previous and successful zoning entitlement relationship with the firm. WCL&W assembled a team of expert witnesses to help build the case that Wolf Trap’s 4.97 acre property had a highest and best use as an “estate lot” suitable for a large residence before the taking. WCL&W also worked with an expert appraiser and engineer to understand the impact of the taking on the property’s development potential and value. Based on these expert’s findings, WCL&W advanced a theory and valuation based on the remaining property being a “problem lot” that was no longer suitable for residential development because of the property’s post-taking configuration and the location of the unsightly power substation. After settlement discussions with VDOT’s attorney were unsuccessful, WCL&W tried the case for three days in Fairfax Circuit Court in front of a jury, utilizing TrialDirector® software for the presentation of exhibits. Success was achieved when a jury awarded a total of $603,000 in just compensation to Wolf Trap, which included $308,621 in damages, and which was well above VDOT’s original just compensation offer of $321,937. WCL&W worked efficiently with the team of experts to control costs. The distribution of the final award resulted in a sizeable “net gain” for Wolf Trap because of WCL&W’s efforts. 

Wolf Trap Property—During VDOT Construction

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