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KURTH v. IOWA DEPT. OF TRANSP.

No. 99-0666.

628 N.W.2d 1 (2001)

Jerry KURTH, Individually and d/b/a Fisherman's Wharf Restaurant, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

May 31, 2001.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek, Assistant Attorney General, for appellant.

Richard J. Barry of Montgomery, Barry & Bovee, Spencer, for appellee.

Considered en banc.

SNELL, Justice.

This fee condemnation case asks us to determine what type of evidence can be presented to the jury and what is proper language to instruct the jury. The Iowa Department of Transportation (DOT) maintains that the jury was impermissibly allowed to hear testimony of the value of the business on the land being condemned. We agree. The jury's verdict is reversed and the case remanded for a new trial.

I...

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