Legal Opinion
Kurth v. Iowa Department of Transportation
Supreme Court of Iowa
Decided May 31, 2001No. 99-0666PublishedCited by 25 opinions
1Opinion of the Court
SNELL, Justice.
This fee condemnation case asks us to determine what type of evidence can be presented to the jury and what is proper language to instruct the jury. The Iowa Department of Transportation (DOT) maintains that the jury was impermissibly allowed to hear testimony of the value of the business on the land being condemned. We agree. The jury’s verdict is reversed and the case remanded for a new trial.
I. Factual Background and Procedure
Jerry Kurth owned and operated the Fisherman’s Wharf Restaurant (Wharf) on West Lake Okoboji. Kurth purchased this property in 1994 for approximately…
2Cases cited27 opinions
- Olson v. United StatesSupreme Court of the United States · 1934
- State v. McKettrickSupreme Court of Iowa · 1992
- Graber v. City of AnkenySupreme Court of Iowa · 2000
- State v. GreeneSupreme Court of Iowa · 1999
- State v. TracySupreme Court of Iowa · 1992
22 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State of Iowa v. Christopher Craig ThompsonSupreme Court of Iowa · 2013
- State v. PiperSupreme Court of Iowa · 2003
- Tom Brakke and Rhonda Brakke D/B/A/ Pine Ridge Hunting Lodge, and McBra, Inc. v. Iowa Department of Natural Resources and Iowa Natural Resource CommissionSupreme Court of Iowa · 2017
- In RE the Detention of Jonathan Edwin Stenzel Jonathan Edwin StenzelSupreme Court of Iowa · 2013
- Estate of Hagedorn v. PetersonSupreme Court of Iowa · 2004
20 more not listed; retrieve them via the Exa API.