State ex rel. Department of Transportation v. Glenn

The majority decides that defendants are not entitled to: (1) damages for the cost of removing unattached personal property from the real property taken; (2) damages for consequential injury to unattached personal property; (3) damages resulting from relocation of personal property; or (4) for loss of profits to their cattle operation. Since defendants do not claim damages on any of those grounds, I dissent and remind the majority to "look for the doughnut, not the hole.”

Defendants’ claim, alleged separately as one for "special damages,” is that plaintiffs taking possession of the real…