Schnier v. Ives

On the issue of the value of the land taken, the majority opinion holds that the referee should not have considered the evidence concerning the sale price of the BeckermanG-ampel parcel. The opinion does not, however, find error in the referee’s admitting that evidence, and holds that that evidence “could be found to be clearly relevant.”

The consequence of the majority opinion is that this admitted evidence, which the referee could properly find “clearly relevant,” has no more probative force than if it had been excluded. This anomalous result is reached on the ground that, if the price paid…