State v. Wandermere Co.

This is a condemnation case. The State’s theory of the case would have limited its taking to a 24.45-acre parcel of property, owned by The Wandermere Company and leased to Acme Concrete Company as a sand and gravel pit. Wandermere’s theory of the case expanded the State’s taking to a 62-acre parcel that included not only the 24.45-acre parcel actually mined by Acme but also an additional 37 acres which contained sand and gravel deposits but had not been mined. The jury accepted Wandermere’s theory of the case. The question presented is whether its evidence was legally sufficient to submit…