Department of Transportation v. Vest

I agree with the majority that the judgment in this case must be reversed on the main appeal for the reasons set forth in Division 1 of the opinion because the trial judge erred in instructing the jury that the condemnee could recover lost profits. I further agree with the majority in its holding in Division 3 that condemnees’ assertion on cross appeal with regard to post-judgment interest is correct. Finally, I agree with the conclusion of the majority in Division 2 that the charge on uniqueness was error. Therefore, I agree with the bottom line of reversal in the case. However, I…