IVY N. CADLE Shareholder Macon T: 478.765.1823 E: icadle@bakerdonelson.com Atlanta T: 478.765.1823 Ivy Cadle represents business owners, land owners and lenders in legal matters concerning real estate. Overview In his eminent domain practice, Ivy represents clients with interests across the southeastern U.S. Ivy helps those clients answer condemnation charges so they receive appropriate compensation for their property. To date, he has helped clients to secure more than $18 million in payments. In addition to his robust litigation practice as an attorney, Ivy is also a licensed certified public accountant in Georgia.* His experience as a CPA provides him with a deeper understanding of commercial real estate and intangible real estate value. It also affords him a unique perspective to assist clients with conservation easements including issues involving land use, pass-through entity donors, compliance with federal and state securities laws, and tax planning. Ivy also serves clients in the telecommunications industry who need approval of their projects by local zoning authorities. Ivy's extensive litigation experience includes business disputes for small and mid-size companies in the manufacturing, real estate, and financial services and mortgage servicing sectors. Outside of the office, Ivy serves as an adjunct professor of law at the Mercer University School of Law where he teaches Accounting for Lawyers. He is also an aviation enthusiast, and he currently holds a multi-engine commercial certificate with an instrument rating. Representative Matters Settled on the eve of trial a case involving the taking of 14 acres of undeveloped land used as part of a Christian camp in North Georgia. The settlement was for $1.25 million dollars, which represented an amount 800 percent higher than sums paid into court by the Georgia Department of Transportation (GDOT). Tried to a successful conclusion a case involving the taking of one of three access drives to an interstate-oriented convenience store on I-95 South in coastal Georgia. Obtained judgment in excess of one million dollars, which represented a 400 percent increase over GDOT payment into the court. Settled a case in central Georgia that involved an interference with parking area for and access to a general commercial/retail building and further development on the site. The settlement was for an amount 280 percent higher than sums paid into court by the GDOT. Settled taking of 2.9 acres of property located in Sandy Springs in north Atlanta perimeter area. Settlement was for $7 million. Property was taken as part of a city center project for the construction 1
of a combined city hall and performing arts complex to be surrounded by a park. Settlement represented a 100 percent increase over the city's appraisal. Successfully mediated an eminent domain matter for an internationally-owned convenience store chain in north Georgia. The case involved a partial loss of access that would cause the site to be unusable as a convenience store. The case settled for $1,075,000, which represented a 142 percent increase over GDOT's original pay-in to the court upon filing the declaration of taking. Negotiated a $1.1 million settlement of a condemnation case on the eve of a 4-day jury trial. The case concerned an undeveloped commercial outparcel along I-85 in southwest metro Atlanta and involved complicated historical issues. The settlement was nearly twice what the condemnor estimated as just and adequate compensation. Tried to successful conclusion jury trial involving damage to access to hotel property in central Georgia. Jury award resulted in recovery 400 percent higher than sums offered by the GDOT. Settled cased on behalf of interstate oriented convenience store owner by negotiating for the restoration of a driveway to maintain critical access to fuel dispensers and where the business received nearly twice as much compensation for the real estate taken. Second chair at jury trial resulting in a jury verdict for business losses and real estate damages that, with interest, were 100 percent higher than the GDOT estimate of damages paid to the clerk of court. Settled case at mediation involving taking of nearly 8 acres of land in Gwinnett County for the construction of the Sugarloaf Parkway by Gwinnett County. Settlement was 170 percent of County's initial estimate of compensation paid to the clerk of court. Assisted with settlement negotiations and trial preparation resulting in a $2 million settlement for a nationally traded REIT for property where the taking destroyed a leased casual dining restaurant. Settlement was 100 percent higher than GDOT's offer at mediation. Obtained jury award after jury trial for mineral bearing property located in central Georgia that was 54 times higher than GDOT's initial estimate resulting in a judgment after interest for a sum 80 times higher than the original payment to the clerk of court. Assisted with settlement negotiations related to the condemnation for taking of right of way for access road constructed for new automobile assembly plant in west Georgia. Settlement was for $1.3 million; a 228 percent increase over GDOT's court pay-in. Key member of trial team that settled an eminent domain matter on behalf of a fast food restaurant corporation involving a metro Atlanta property. The GDOT condemned the principal access to the site thus causing substantial damage to the value of the property. GDOT paid $2.3 million pursuant to the consent judgment obtained to conclude the settlement. Second chair for jury trial involving a metro Atlanta auto repair franchisee, judgment for $1.15 million was entered for business loss award to client. The Department paid no compensation for the loss of business when the property was condemned. Negotiated a settlement on behalf of a farmer involving the eminent domain taking of a substantial amount of pasture and the relocation of their homestead of over 50 years. 2
As second chair in a jury trial, successfully defended a business loss claim by a major fast food franchisee in central Georgia resulting from a total taking of the franchised site. The judgment was 320 percent higher than sums originally paid into court by the GDOT. Second chair in the successful defense trial of an Atlanta-based partnership that operates a 7,000 acre farming and quail hunting preserve in central Georgia against a private taking of land by an adjoining landowner. Settled matter on behalf of community bank involving an eminent domain taking of frontage and the relocation of their primary sign. Assisted hotel franchisee in garnering $1.7 million settlement with GDOT and Georgia Tech Foundation for a business loss only recovery; business loss involved a ground lease with only 11 years remaining, and settlement was a 530 percent increase over the amount that GDOT and Georgia Tech originally offered. Secured a favorable jury verdict in a condemnation case in a northern metro Atlanta county in which the client, a petroleum realty investor, was awarded a sum 300 percent greater than that testified to by the experts for the GDOT. Negotiated a settlement for owners of a vacant tract of land who had a portion of their property condemned by the GDOT; settlement was a 3,266 percent increase over what the GDOT paid into court. Obtained a jury award of $1.03 million in southwest metro Atlanta in a case involving a complicated deed construction matter by the jury and land valuation issues. The verdict was 730 percent higher than sums paid into court by the GDOT. Obtained a jury verdict against the GDOT in a case involving a recreational lake-oriented convenience store in central Georgia. The verdict results in an award of $1.22 million to the client, a gasoline and oil jobber, a sum 289 percent higher than that paid into court by the GDOT on commencement of the litigation. Professional Honors & Activities AV Preeminent Peer Review Rated by Martindale-Hubbell Listed in Georgia Super Lawyers in the area of Eminent Domain (2018) Listed in Georgia Super Lawyers as a Georgia Rising Star in the area of Eminent Domain (2014 2017) Awarded Atlanta Employee of the Year Pro Bono Award (2015) Awarded Award of Achievement for Outstanding Service to the YLD, State Bar of Georgia Young Lawyers Division (2014) Awarded Award of Achievement for Outstanding Service to the Bar, Leadership Academy, the State Bar of Georgia Young Lawyers Division (2013) Awarded Eighth Annual Ethics & Professionalism Award, the State Bar of Georgia Young Lawyers Division (2012) 3
Nominated ABA Rosner & Rosner Young Lawyer Professionalism Award (2013) Member Atlanta Lawyers Club State Bar of Georgia Board of Governors, Macon Judicial Circuit Eminent Domain and Condemnation Section Chair (2017 2018); Chair-Elect (2016 2017); Secretary/Treasurer (2015 2016) Advisory Committee for Legislation Member Bench & Bar Committee Member Finance Committee Member Trial Practice Section Board of Directors State Bar of Georgia Young Lawyers Division Member Board of Directors (2011 2012; 2013 2014) Co-chair Leadership Academy (Classes of 2013 and 2014) Member Leadership Academy (Class of 2009) Macon Bar Association President (2017 2018); President-Elect (2016 2017); Treasurer (2014 2015) Past President Young Lawyers Division Past President American Inn of Court, William Augustus Bootle Chapter Member Executive Board, Central Georgia Council of the Boy Scouts of America and Eagle Scout Past Member Idle Hour Country Club, Golf Committee Publications "Accounting for Lawyers," Fall Meeting of the Young Lawyers Division, State Bar of Georgia (November 2015) "Defending Collateral When Condemnation Authorities Come Calling," National Mortgage News (February 2015) National Business Institute: Attorneys' Guide to Local Government Law, Eminent Domain Actions (October 2014) "Real Property," 65 Mercer Law Review 233, Chapter on Condemnation and Eminent Domain (Fall 2013) "Accounting for Lawyers: Reading and Understanding Financial Statements in A Business Damage Case," Issues in Condemnation Conference by The Seminar Group (September 2013) Co-author "Issues and Questions When a Franchise is Taken by Eminent Domain," Eminent Domain & Land Value Litigation, ALI-ABA Course of Study 2013 (2013) 4
"Real Property," 64 Mercer Law Review 255, Chapter on Eminent Domain (Fall 2012) "Accounting for Lawyers," Mid-year meeting, State Bar of Georgia (January 2012) "Real Property," 63 Mercer Law Review 309, Chapter on Condemnation Law (Fall 2011) Featured "Condemnation, What to do When the Government Claims Your Location," Franchise Times (October 2011) Speaking Engagements "Accounting for Lawyers," Fall Meeting of the Young Lawyers Division, State Bar of Georgia (November 2015) Co-Chair/Presenter "Litigating Special Properties," Third Annual Issues in Condemnation Conference by The Seminar Group (October 2015) National Business Institute: Attorneys' Guide to Local Government Law, Eminent Domain Action (October 2014) Co-chair "Issues in Condemnation," a two-day CLE sponsored by The Seminar Group (October 2014) "Ethics & Professionalism," Issues in Condemnation Conference by The Seminar Group (October 2014) Commencement Speaker Alumnus Address, East Georgia State College (December 2013) "Accounting for Lawyers: Reading and Understanding Financial Statements in A Business Damage Case," Issues in Condemnation Conference by The Seminar Group (September 2013) "Accounting for Lawyers," Mid-year meeting, State Bar of Georgia (January 2012) Adjunct Professor of Law "Mercer University Walter F. George School of Law (Accounting for Lawyers) " (January 2011) Education Mercer University, Walter F. George School of Law, J.D., 2007 University of Georgia, Masters in Accounting, 2002 University of Georgia, B.S., 2000, cum laude Admissions Georgia, 2007 United States District Court for the Northern District of Georgia, 2008 United States Court of Appeals for the 11th Circuit, 2010 United States District Court for the Middle District of Georgia, 2010 5
Supreme Court of the United States of America, 2012 United States District Court for the Southern District of Georgia, 2013 Certified Public Accountant, Georgia, 2008* 6