Utah State Road Commission v. Johnson

ELLETT, Justice:

This is a condemnation matter. The jury awarded damages to the landowner in the amount of $95,000. The trial court ordered a new trial unless the owner would consent to a remittitur in the amount of $3,000.

*217The Road Commission appeals claiming that the trial court had no authority to grant a new trial conditionally. There is no merit to this claim. The appellant has the same right to appeal which he would have had, had the court denied the motion for a new trial outright. The fact that the landowner consented to a reduction of $3,000 does not harm the appellant — it has no…