State ex rel. State Highway Commission v. Gebhardt

DIXON, Judge.

This condemnation case presents unique questions. The condemning authority confessed judgment in the amount of $1,192.50 and the trial court entered a judgment for that amount at the close of the landowner’s evidence. The landowner has appealed, asserting the trial court erred in the entry of the judgment in its favor.

There are three issues. First, can the City recover damages from the Highway Commission for a taking which frustrates the future use of the City’s power of condemnation to expand a City sewage facility; second, can the court accept a confession of judgment in favor…