Lundstrom, Inc. v. Nikkei Concerns, Inc.

Lundstrom, Inc., appeals a directed verdict in favor of Nikkei Concerns, Inc., in Lundstrom's action to recover a real estate broker's commission on a transfer of Nikkei's property to the Pierce County Public Transportation Benefit Area Authority (Pierce Transit). The dispositive issue is whether the transaction was the equivalent of a condemnation. We hold that it was and affirm.

In May 1984, Nikkei appointed Lundstrom as its agent with the right to sell a parcel of land in Pierce County. In the exclusive listing agreement, which expired September 21, 1984, Nikkei agreed that:

[I]n the event a…