Franco's Pizza & Delicatessen, Inc. v. Department of Transportation

McMurray, Presiding Judge.

This action is a declaration of taking condemnation case filed by the Department of Transportation. The parties whose interests are at issue on this interlocutory appeal are the condemnor and condemnee Franco’s Pizza and Delicatessen, Inc. (Franco’s). Condemnee Franco’s was a lessee of condemnee Selig Enterprises, Inc., holder of the fee simple title of the premises involved.

On April 5, 1985, the trial court entered the order from which this appeal and the cross-appeal are taken, ruling on condemnor’s motions in limine. Both the appeal (Case No. 71390) and…