City of Phoenix v. Clauss

OPINION

CONTRERAS, Judge.

Defendant-Appellant Grace M. Clauss (“Appellant”) appeals from a judgment awarding her $1.25 million against the City of Phoenix in an eminent domain proceeding which resulted in the taking of an eighty-nine acre parcel on the northwest end of the South Mountain range. The primary issue presented is whether the trial court erred, under the fact situation presented here, by instructing the jury not to consider any decrease or increase in the condemned property’s value which resulted from either the taking itself or the planned public project that included the taking. We…