State Highway Department v. Clark

Hall, Presiding Judge.

Condemnor appeals from the judgment following an appeal to a jury and from the denial of its motion for a new trial.

The State Highway Department condemned a portion of a lot which included a building used as a combination filling station, grocery store and living quarters. A part of this building was constructed of brick and was 35-40 years old. A frame addition was 20-25 years old. There were also gasoline pumps and tanks on the property taken. The condemnee leased this property to the person who was the actual proprietor of the business. However, they had an agreement…