Clark County v. Mitchell

The issue kere is the amount of damages suffered by landowners by reason of tbe loss of a strip of ground taken by eminent domain proceedings for a highway right-of-way, and because of the lowering of the grade of the highway about 5 feet in front of appellees’ place of business. A jury was waived and the circuit court, sitting as a jury, awarded damages in the sum of $20,000. Clark County has appealed contending the judgment is excessive.

Appellees own approximately 6% acres of land in Clark County adjoining the west side of Highway 67, which at this point runs north and south. Located on the…