West Virginia Department of Highways v. Bellomy

This is an appeal by Howard and Leta Bellomy from a final order of the Circuit Court of Wayne County denying their motion to set aside the jury verdict of $80,000.00 in their favor in an eminent domain proceeding. The appellants contend, among other things, that the trial court improperly allowed the State’s expert witness, John Frazier, to testify about the value of the condemned land. We agree, and for the reasons set forth below we reverse and remand for a new trial.

The facts of the ease show that on February 9,1977, the West Virginia Department of Highways filed a petition to acquire…