City of Phoenix v. Wilson

OPINION

FELDMAN, Justice.

¶ 1 In this eminent domain case, the trial judge permitted the landowners’ expert witness to estimate damages based on his opinion that a portion of the original parcel had a different highest and best use from the rest. Thus, the appraiser testified, the property should be treated as two separate units before the taking, with different valuations given to the 5-acre corner, in which the parcel to be taken was located, and the rest of the parcel. The jury verdict was based on that theory. The court of appeals reversed, holding that the trial judge erred in permitting…