E-Z Serve Convenience Store, Inc. v. State

YATES, Judge.

In August 1994, the State of Alabama filed a complaint for condemnation of certain real property against Luther Duke, Christeen Duke, and Sunshine Jr. Stores, Inc. (“Sunshine”), in the probate court. The Dukes had a fee simple interest in the real property arid leased the real property to Sunshine for the operation of one of its convenience stores. Following a hearing, the probate court ordered the condemnation of the real property, appointing three commissioners to assess the damages for condemnation. The commissioners assessed the damages at $75,000, with the Dukes being…