State Department of Transportation v. Beason

L. CHARLES WRIGHT, Retired Appellate Judge.

Roy P. Beason and Martha Beason filed a complaint against the Alabama Department of Transportation and G.M. Roberts, alleging that the construction of a pedestrian overpass had effectively inversely condemned their property. The Department and Roberts filed a motion for a summary judgment, which was denied. Thereafter, the Department and Roberts answered, asserting the defense of sovereign immunity and immunity under Article I, § 23, Alabama Constitution of 1901. The Department and Roberts also filed a demand for a trial by jury.

A jury trial was…