Duke Power Co. v. Smith

MARTIN (Harry C.), Judge.

Respondents assign as error the trial court’s exclusion of evidence of comparable sales. The first, an eighty-acre tract, was sold to the Industrial Park a year and a half before the date of the trial. The trial court found that this eighty-acre tract was not a comparable sale because it was “different in nature and in zoning and in having water and sewer available.” However, there was uncontroverted evidence that with respect to the contour and nature of the land, the two properties were similar. Of greater significance is the fact that the zoning change which…