City of Fayetteville v. Stanberry

Steele Hays, Justice.

This case comes to us from an inverse condemnation judgment against the City of Fayetteville, Arkansas. The City has appealed, challenging instructions to the jury and an award of prejudgment interest.

The dispute stems from the construction of a 24” sewer line on lands of Earnest and Carol Stanberry, appellees. The City obtained an easement from the Stanberrys in 1968. After construction of the line, raw sewage overflowed on appellees’ property. The overflows began in 1969 and continued periodically until the time of trial, with one particularly severe overflow in March…