City of Kettering v. Johnson

The plaintiff, city of Kettering, appellant and cross-appellee herein, appropriated as a site for a munic ipal building and related uses a tract of land consisting of 8.23 acres belonging to the defendant, W. D. Johnson, appellee and cross-appellant herein. On May 16, 1961, the jury returned its verdict assessing the value of the land to be taken and damages to the residue at a total of $120,000. On May 23 an entry on the verdict was filed, and on July 21 plaintiff’s motion for a new trial was overruled.

Plaintiff appealed to this court but subsequently, on November 21,1961, paid the amount of…