City of Fort Smith v. Findlay

John B. Robbins, Judge.

This appeal involves an eminent domain action in which the jury awarded Maril and Debbie Find-lay, appellees, $14,000.00 for the partial taking of their residential property in Fort Smith, Arkansas. Appellant raises seven points on appeal, three of which concern structural damage to appellees’ house that appellees contend was caused by appellant’s excavation. Because we agree with appellant that the jury was improperly allowed to consider the structural damage in awarding damages to appellees, we reverse and remand for a new trial.

In 1991, the City of Fort Smith,…