M & C Associates, Inc. v. State, Department of Transportation

This appeal arises from an eminent domain proceeding that was settled through mediation. A stipulated final judgment was entered that incorporated the settlement agreement in which the parties agreed that the trial court would “reserve jurisdiction to assess any damage to pool caused by construction.” After the Department of Transportation (“DOT”) commenced construction, M & C Associates (“the owner”) filed a motion seeking to enforce this provision of the final judgment. The trial court struck the owner’s motion on the basis that construction damages are not recoverable in an eminent domain…