State v. Moore

Appellant, State of Alabama, initiated proceedings to condemn a portion of a tract (where the owners/Appellees operate a fast food establishment) in order to widen U.S. Highway 98 which abuts the subject property. The project also called for construction of a raised median which would eliminate the direct access to Appellees' establishment previously used by westbound traffic on the highway.

The Probate Court issued an order condemning the property and assessing damages at $70,000. Both sides appealed to the Circuit Court of Mobile County. The trial Court entered judgment for Appellees upon a…