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appraiser were permitted to provide opinion evidence which speculated that the highest and best <br /> use of Respondent's underwater property was for development as a private docking facility <br /> without any accessible upland containing 46 boat slips. The witnesses further speculated that <br /> each of the 46 boat slips could, in turn, be sold to anyone of an unverified 1,200 unit owners of <br /> the seven Winston Tower Condominium Association buildings located near the Respondent's <br /> property. The evidence presented to the jury included numerous assumptions about Respondent's <br /> ability to improve the underwater property (the "Parent tract") from which the 7,896 square feet <br /> was acquired by the City, including conjecture concerning: <br /> (a) The probability of obtaining necessary permits and required approvals from a <br /> host of governmental agencies; <br /> (b) Respondent's ability to successfully locate and execute the required <br /> environmental impact mitigation at some unknown off-site location; <br /> (c) Respondent's control and access to upland property for purposes of <br /> developing a private docking facility which requires physical connection to the <br /> adjacent upland condominium property to satisfy zoning requirements; and <br /> further, <br /> (d) Testimony that the 46 boat slips could have actually been sold to <br /> condominium unit owners residing in the adjacent Winston Tower <br /> Condominiums, i.e., that there was a market-driven demand to purchase boat <br /> slips. <br /> In addition to the opinion testimony of Respondent's expert witnesses, the court also allowed <br /> Respondent to publish to the jury as a demonstrative exhibit a conceptual site plan showing the <br /> 46 boat slips over-layed onto Respondent's property. This speculative evidence was admitted <br /> over Petitioner's objection. <br /> 3. The speculative evidence was admitted despite the fact that, on the morning of <br /> trial, the Court ruled that it would not allow speculative testimony regarding third-party <br /> agreements that had not yet been entered into by Respondent. Trial T. 12 (court stating, "[i]f <br />