Posh Ventures LLC/Hotel Modera – Lost Access Litigation

Ball Janik LLP represented Posh Ventures LLC, the owner of a high-end boutique hotel that acquired downtown property at a time when the property had two access points for vehicles – one of which was off of a main thoroughfare. As part of a transit project, the City of Portland and the Tri-County Metropolitan Transit District (Tri-Met) closed the main access point for the hotel. Representing the hotel owners, Ball Janik sued the City and Tri-Met for diminution in value caused by the lost access under a little-used statute before a jury over a two-week period. Our client’s damages claim was $1.3 million; the defendants never offered more than $200,000 to settle the case. The jury returned a verdict in favor of our client, awarding $756,000 in reduced value as a result of the lost access.

Tri-Met appealed the jury's decision. The Court of Appeals affirmed the trial court, and set new rules for appraising property in condemnation cases. The case is reported as Tri-County Metro. Transp. Dist. of Or. v. Posh Ventures LLC, 244 Or App 425 (2011).

Bruce H. Cahn (litigation partner) represented Posh Ventures LLC at trial and on appeal.


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