City of Benton v. Odom

This is an eminent domain action. Defendants-landowners, James Odom and Loretta Odom, appeal from the judgment of the circuit court of Franklin County entered upon a directed verdict in favor of the condemning authority, city of Benton. Benton was successful in condemning Odoms’ agricultural property for an avigation easement, a right-of-way and clear zone for its municipal airport. Defendants contend that the court erred by denying their motion to dismiss the petition for condemnation and in striking their affirmative defenses. Defendants also contend that the court erred in disallowing…