City of Yakima v. Dahlin

This is a condemnation proceeding. The Supreme Court granted a joint petition for writ of certiorari. The matter was then assigned to this court. Two rulings of the trial court are questioned. Since oral argument, counsel for both parties have informed this court that one of the issues has been resolved.

The remaining issue is:

Can alleged excessive traffic noise resulting from the proposed construction of an overpass be considered as a factor affecting the highest and best use of abutting property and thus its market value?

The trial judge answered “Yes.” We affirm in the special circumstances…