State Highway Commission v. Miller

BIEGELMEIER, Judge.

This is an appeal by the State from a judgment entered on a jury verdict awarding compensation in a condemnation action. Due to construction of Interstate 90 in 1962 the State desired rights-of-way across lands of defendants. At that time Blanche Miller was the record owner of a 373.33 acre tract of land and Marion Miller, her son, was the record owner of a 160 acre tract about a half mile east. The State therefore commenced two separate actions. The trial court granted a motion to consolidate these actions and they were tried as one action. That the trial court erred in so…