Shay v. State, Department of Transportation

The opinion of the court was delivered by

McFarland, C.J.:

Mark A. Shay appeals the Franklin County District Court’s dismissal of his eminent domain valuation appeal for failure to provide discovery.

The changing cast of players herein must be set forth in some detail as it contributed substantially to the outcome of this case.

Ted and Karen Fogle, the original plaintiffs in this action, foreclosed on the mortgage they held on a piece of real estate involved in eminent domain proceedings for a state highway in Franklin County. The Fogles eventually purchased the real estate at the sheriff’s sale…