State v. Newberry

This is an appeal by the State from a condemnation evaluation case.

Landowners Louie C. Newberry and Henrietta Newberry appealed to the circuit court the award by commissioners in the probate court. At the pre-trial hearing it was stipulated that the State had the right to condemn the lands and the only issue for trial was the amount of damages and compensation, if any, to which the landowners were entitled. A jury verdict and judgment on Nov. 15, 1975, placed damages at $95,000.00. On November 14, 1975, the State filed a motion to abandon condemnation proceedings. On December 3, 1975 the…