(DOWNLOAD) "City of Helena v. Chrestman" by Court of Appeals of Arkansas Division I * Book PDF Kindle ePub Free
eBook details
- Title: City of Helena v. Chrestman
- Author : Court of Appeals of Arkansas Division I
- Release Date : January 09, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is an appeal from an award of $13,875.00 to the appellee in Phillips County Circuit Court for property taken in a condemnation proceeding. The appellant condemned 4.93 acres of the appellee's land in 1980 to build Newman Drive within the City of Helena. On March 15, 1985, a jury trial was held to determine the amount of compensation, if any, to which the appellee was entitled for the taking. The appellant contended at trial that the value of the remaining 35.07 [17 ArkApp Page 236] acres exceeded the value of the entire tract prior to the construction of the road, and therefore, the appellee was entitled to no compensation. The appellant's expert testified to that effect, stating that, prior to the taking, the land was worth $160,000.00 and that, after the taking, the remaining land was worth $173,500.00. The appellee testified that he did not feel that the property had increased in value, questioned the expert's comparing the large tract of property to sales of small tracts of frontage on the new road, and testified that the city had offered him $13,874.00 for the property, but withdrew the offer before he had accepted it. The appellant's sole contention on appeal is that the jury's verdict is not supported by substantial evidence. However, we need not reach this argument because the appellant did not move for a directed verdict, nor did it move for judgment notwithstanding the verdict. Rule 50(e) of the Arkansas Rules of Civil Procedure requires that one of the above motions be made to challenge the sufficiency of the evidence to support a jury verdict; by its failure to do so, the appellant waives the right to challenge the sufficiency of the evidence. B.J. McAdams, Inc. v. Doggett Leasing Co., 13 Ark. App. 162, 861 S.W.2d 406 (1984).
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