ALABAMA DEPARTMENT OF TRANSPORTATION
v.
LAND ENERGY, LTD.
Supreme Court of Alabama.https://leagle.com/images/logo.png
February 6, 2004.
Rehearing Denied March 12, 2004.
Attorney(s) appearing for the Case
Isaac P. Espy, deputy atty. gen., and Bradley M. Hale of Espy, Nettles, Scogin & Brantley, P.C., Tuscaloosa, for appellant.
Charles A. Hardin of Watson, deGraffenreid, Hardin & Tyra, LLP, Tuscaloosa; and Matthew H. Lembke and Scott Burnett Smith of Bradley Arant Rose & White, LLP, Birmingham, for appellee.
Fournier J. Gale III of Maynard, Cooper & Gale, P.C., Birmingham; and Edward A. "Ted" Hosp of Maynard, Cooper & Gale, P.C., Montgomery, for amici curiae Alabama Coal Association, Drummond Company, Inc., Alabama Power Company, Jim Walter Resources, Taft Coal & Associates, and U.S. Steel Mining Co., LLC, in support of the appellee.
Supreme Court of Alabama.
HARWOOD, Justice.
Land Energy, Ltd. ("LE"), brought an inverse-condemnation action against the Alabama Department of Transportation ("ADOT").1 After court-ordered mediation was unsuccessful, the case proceeded to a jury trial. ADOT moved for judgment as a matter of law ("JML") at the close of LE's case and again at the close of all of the evidence. The trial judge denied both motions. The jury found ADOT liable for inverse condemnation...
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