STATE EX REL. PACK v. CASTLE


604 S.W.2d 50 (1980)

STATE of Tennessee, ex rel. David M. PACK, Commissioner of Highways and Public Works, Plaintiff-Appellant, v. Joe Jack CASTLE et ux, Respondents-Appellees.

Supreme Court of Tennessee.

September 2, 1980.


Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen., Robert J. Ames, Asst. Atty. Gen., Nashville, for plaintiff-appellant.

Geary P. Dillon, Jr., Whitwell, for respondents-appellees.


OPINION

FONES, Justice.

This is an appeal from an eminent domain proceeding to determine the amount of incidental damages to defendants' property from the failure of the State to construct as planned sidewalks, curbs, and gutters along an abutting road. The sole issue in this appeal is whether the Court of Appeals properly reinstated the jury award and reversed a remittitur ordered by the trial judge.

In 1967 the State condemned one acre of defendants...

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