State v. Armstrong

On Application for Rehearing.

The opinion of April 28, 2000, is withdrawn, and the following is substituted therefor.

In this condemnation action, the circuit court awarded the landowners their litigation expenses, including an attorney fee. The State appeals, arguing that the award was not authorized. We agree. Therefore, we reverse the judgment to the extent it awarded those expenses. The State has not challenged any other portions of the condemnation judgment. We remand the case for the circuit court to amend its judgment to make it consistent with this opinion.

I

Virgil Armstrong and Ann…