(DOWNLOAD) "Del-Mar Redevelopment Corporation V." by Eastern District, Division Four Court of Appeals of Missouri * Book PDF Kindle ePub Free
eBook details
- Title: Del-Mar Redevelopment Corporation V.
- Author : Eastern District, Division Four Court of Appeals of Missouri
- Release Date : January 24, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Harold L. Satz, Judge Plaintiff, Del-Mar Redevelopment Corporation (Del-Mar), began this condemnation action against defendant, Associated Garages, Inc. (Associated) to acquire certain property owned by Associated. The property, improved with a self-service carwash, was condemned on November 9, 1982. The condemnation commissioners assessed Associated's damages at $233,000. Both Del-Mar and Associated filed exceptions to the commissioners' report. Del-Mar valued the property at $132,000 to $140,000. Associated valued it at $351,350 to $385,000. A jury trial was held to determine the fair market value of the property on the date of taking. The jury assessed Associated's damages at $350,000. Del-Mar appeals. We affirm. Del-Mar raises three points on appeal. All three focus on the admissibility of certain types of evidence in an eminent domain case. Initially we note the admission or exclusion of evidence is within the sound discretion of the trial Judge. State ex rel. Missouri Highway & Transportation Commission v. McNary, 664 S.W.2d 589, 594 (Mo. App. 1984). And, errors in admitting or excluding evidence will not result in reversal unless there is substantial and glaring inJustice. Id. We find no instances of such substantial and glaring inJustice in this Del-Mar argues the trial court improperly denied its motion to strike the valuation testimony of one of Associated's appraisal experts, Garland Noonan. Del-Mar argues Noonan's testimony was incompetent because it was based solely on the cost of replacement method of valuing property. We disagree.
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