Dolezal v. City of Cedar Rapids

I respectfully dissent from Division III and the result.

I cannot join the majority in approving the failure of a trial court to define for a jury the nature and scope of the taking in an eminent domain case in the face of requested instructions properly explaining it. This approval is particularly disturbing in the present case where the taking is unusual and highly technical.

Trial court’s refusal of the requested instructions violates “the universally accepted rule that where requested instructions state correct rules of law and the substance of the request is not covered by the instructions…