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MISSISSIPPI TRANSP. COMM. v. HIGHLAND DEV. LLC

No. 2001-CA-00883-SCT.

836 So.2d 731 (2002)

MISSISSIPPI TRANSPORTATION COMMISSION v. HIGHLAND DEVELOPMENT, LLC and Highland Development General Partnership.

Supreme Court of Mississippi.

Rehearing Denied February 6, 2003.

Attorney(s) appearing for the Case

Barry Stuart Zirulnik, Jackson, Hollaman Martin Raney, Clarksdale, Billy Don Hall, Jackson, attorneys for appellant.

Paul R. Scott, Hernando, attorney for appellees.

Before McRAE, P.J., EASLEY and GRAVES, JJ.

McRAE, P.J., for the court.

¶ 1. A jury in the Special Court of Eminent Domain in DeSoto County awarded Highland Development, LLC and Highland Development General Partnership ("Highland" collectively) damages in the amount of $2,300,000 for the condemnation of 37.3 acres of its land for public use and damages to the remaining property. On appeal, the Mississippi Transportation Commission ("MTC") asserts that the trial court erred in (1) denying a new trial because...

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