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STATE v. KIMCO OF EVANSVILLE, INC.

No. 82A01-0607-CV-301.

881 N.E.2d 987 (2008)

STATE of Indiana, Appellant-Plaintiff, v. KIMCO OF EVANSVILLE, INC., n/k/a KCH Acquisition, Inc., The Franklin Life Insurance Company, and Vanderburgh County, Indiana, Appellees-Defendants.

Court of Appeals of Indiana.

Rehearing Denied January 14, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, David Steiner, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Gerard T. Carmody, Kelley F. Farrell, Carmody MacDonald, P.C., St. Louis, MO, R. Thomas Bodkin, Bamberger Forman Oswald & Hahn, Evansville, IN, Attorneys for Appellee, Kimco of Evansville, Inc., n/k/a KCH Acquisition, Inc.

OPINION

BARNES, Judge.

Case Summary

The State appeals the jury's verdict in favor of Kimco, et al., in the amount of $2,300,000.00 for an appropriation of Kimco's real estate in 2000. We affirm.

Issue

The State raises two issues, which we consolidate and restate as whether Kimco is entitled to damages for its loss of access to a public thoroughfare.

Facts

Kimco owns Plaza East Shopping Center ("Plaza East") in...

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