Board of Transportation v. Brown

CLARK, Judge.

The defendants assign as error the exclusion by the trial court of evidence of traffic noise from the controlled-access highway to be constructed on part of their land taken by the petitioner, causing a diminution in value of their remaining land.

This issue was properly raised by the defendants. The record on appeal reveals that defendant Neil E. Brown testified, in pertinent part, and the court ruled, as follows:

“[A]nd there’s going to be noise, there’s going to be damage —

Mr. SALLEY: Objection; motion to strike.

The COURT: Objection sustáined. Motion to strike allowed. Don’t…