State Ex Rel. Department of Transportation v. Miller

[¶ 50] ZINTER, Justice

(concurring specially).

[¶ 51.] I join the majority opinion on Issue Four in its entirety. I write only to emphasize that today’s Court correctly overrules Schuler. See supra ¶ 45. Schu-ler’s measure of damages was based on a unique but now-repealed statute, and Schuler is not in accord with the almost unanimous view of courts today.

[¶ 52.] Miller and Walsh argue that under Schuler, they should be compensated for loss resulting from the Intersection’s closure—even if the closure did not substantially impair their access—because the State coincidentally appropriated a…