State Highway Commission v. Lee

It is no easy task to dissent from one of Justice Schroeder’s massive, comprehensive and persuasive opinions. Nonetheless I feel compelled to make the effort because of the error which I believe inhered in the trial proceedings and resulted in a trial less than fair to the state.

It is obvious from an examination of the record that the land*308owners, from the time of pretrial conference through final argument, proposed to establish the market value of the condemned land on the basis of a loss to them of some thirty-five prospective lots, twenty of which they valued at $2900 each and the remaining…