City of Rapid City v. Brown

McKEEVER, Circuit Judge.

This is an appeal from a condemnation action in which a jury awarded Fred H. and Gladys M. Brown (the Browns), defendants and respondents, $155,000. On appeal, the City of Rapid City (City), petitioner and appellant, claims that the trial court erred by giving a missing-witness instruction which authorized the jury to infer that the testimony of a witness, who was not called to testify, would be unfavorable to the City. Also the City claims error in the trial court’s refusing to allow its expert appraiser to explain why he did not consider a recent sale in his…