STATE OF TENNESSEE EX REL. TENNESSEE DEPARTMENT OF TRANSPORTATION v. WILLIAM ERNEST JONES, SR., ET AL. - Articles

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Posted by: Tanja Trezise on Jun 26, 2015

Court: TN Court of Appeals

Attorneys 1:

Robert E. Cooper, Attorney General and Reporter; Joseph F. Whalen, Acting Solicitor General; and Mary S. Foust, Senior Counsel; Nashville, Tennessee, for the appellant, Tennessee Department of Transportation.

Attorneys 2:

R. Slade Sevier, Jr., and Nicholas A. DuPuis, Nashville, Tennessee, for the appellees, William Ernest Jones and Alice P. Jones.

Judge(s): MCBRAYER

This appeal concerns the measure of incidental damages in a condemnation proceeding. The State appeals the trial court’s denial of its motions for directed verdict and remittitur of incidental damages. Taking the strongest legitimate view of the evidence offered by the landowners, we find that the award of incidental damages was properly supported, and therefore, we affirm.

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