STATE EX REL. COM'R, D.O.T. v. HEADRICK


667 S.W.2d 70 (1983)

STATE of Tennessee, on Relation of the COMMISSIONER, DEPARTMENT OF TRANSPORTATION, For and On Behalf of SAID DEFENDANT, and Bureau of Highways, Plaintiff-Appellee, v. Judd HEADRICK and wife, Robbie Headrick, et al., Defendants-Appellants.

Court of Appeals of Tennessee, Eastern Section.

Permission to Appeal Denied March 19, 1984.


Attorney(s) appearing for the Case

Erma G. Greenwood, Donelson M. Leake, Knoxville, for defendants-appellants; Kramer, Johnson, Rayson, McVeigh & Leake, Knoxville, of counsel.

Wayne K. Houser, Jr., Asst. Atty. Gen., Knoxville, for plaintiff-appellee; William M. Leech, Jr., Atty. Gen., Nashville, of counsel.


Permission to Appeal Denied by Supreme Court March 19, 1984.

OPINION

FRANKS, Judge.

In this condemnation proceeding, the trial judge entered judgment on a jury verdict in favor of property owners for $120,900.00 for 21.6 acres taken in fee, with a drainage easement and incidental damages to the remaining property. Owners have appealed.

This appeal is primarily based on two actions of the trial court. The court, responding as to the state...

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