Runser v. City of Waterville

LIPEZ, Justice.

The City of Waterville appeals from the judgment of the Superior Court (Kennebec, Mills, J.) awarding damages of $31,000 to Bernard L. and Mary D. Runser for the City’s taking of an avigation easement1 over their property. Because we disagree with the City’s contention that the severance damages awarded to the Runsers in 1971 for a previous taking preclude the award of further damages, we affirm the judgment.

In 1971, the City of Waterville took by eminent domain a 12.93 acre tract of land from the Runsers’ property adjacent to the Waterville municipal airport, leaving the…