Southern Boiler Sales & Service, Inc. - Page 11

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               In preparation for trial, both parties caused the rental               
          property to be appraised.  Petitioner's appraiser did not appear            
          at the trial, and his report was not received into evidence.                
          Although Berry testified regarding the property's description and           
          use, petitioner offered no evidence of the property's fair market           
          rental value.                                                               
               Respondent's expert, Daniel G. Barker (Barker), appraised              
          the fair market rental value of the leased property at $8,300 per           
          year.  Respondent served a copy of Barker's report on petitioner            
          on October 26, 1994.  Petitioner did not dispute Barker's                   
          qualifications as an expert witness or his methodology.                     
          Respondent's trial memorandum indicated that she would move to              
          amend the pleadings to conform to the proof and request an                  
          increased deficiency.                                                       
               Barker based his appraisal on the highest and best use of              
          the property as residential property.  He considered the property           
          too small to rent for agricultural use, the only other use                  
          permitted by the zoning.  Using the market comparison approach,             
          Barker considered four residential rental properties, three of              
          which were located within Greensboro city limits, as comparables.           
               According to Barker, the Neelley Road property was in better           
          condition, slightly larger in size, and in a more attractive                
          neighborhood that any of the comparable properties.  However,               
          Barker believed that properties located in or near Greensboro               
          would be in greater demand because of proximity to employment,              




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