State ex rel. State Highway Commission v. Southside National Bank

REINHARD, Presiding Judge.

Defendant, Hazelwood Motor Company, appeals from the entry of summary judgment dismissing its exceptions filed to the commissioners’ award in a condemnation proceeding. On appeal Hazelwood maintains that there remains a genuine issue of material fact, i. e., damages, and, therefore, that plaintiff was not entitled to summary judgment as a matter of law.

*513Plaintiff filed a petition for condemnation of certain property owned by Baris Furniture Rental Company. Hazelwood Motor Company had a ten year lease, with option to renew or purchase, a portion of said property.…