Carroll v. Ward

This is an appeal from the trial court's denial of attorney fees in a private-condemnation case.

On April 5, 1994, Rodney L. Ward and Walden M. Buttram petitioned the Etowah County Probate Court for an order establishing a right-of-way across lands owned by T.D. Carroll and Sandy Carroll. The probate court entered an order of condemnation and appointed three commissioners to determine the amount of compensation due to the Carrolls. The commissioners determined that the Carrolls should be awarded $10,000 if the proposed right-of-way was condemned. However, the commissioners suggested an…