St. Joseph County v. Wilmes

HOFFMAN, Presiding Judge.

St. Joseph County et al. appeal a summary judgment in favor of Philip and Barbara Wilmes. The two issues preserved for appeal are:(1) whether the trial court erred in excluding certain evidence and(2) whether the trial court applied the correct measure of damages.

The record and briefs show that, in 1973, a forty-two acre parcel of land, which is the subject matter of this dispute, was owned by Mr. and Mrs. Charles Oberlin. Sometime in 1973 the Oberlins conveyed a small portion of this land to Elmer Boocher. In December 1973 Mr. Boocher conveyed his parcel of land to…