LEHIGH CLAY PRODUCTS v. IOWA D.O.T.

No. 92-1313.

512 N.W.2d 541 (1994)

LEHIGH CLAY PRODUCTS, LTD., Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Iowa.

February 23, 1994.


Attorney(s) appearing for the Case

Robert G. Allbee, Michael J. Eason of Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., and Robert C. Bridges and George H. Frampton of Bridges & Frampton, Des Moines, for appellant.

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Mark Hunacek and Kerry Anderson, Asst. Attys. Gen., for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, SNELL, and TERNUS, JJ.


TERNUS, Justice.

This case arises out of the condemnation of land by the Iowa Department of Transportation (DOT). A jury awarded appellant, Lehigh Clay Products, Ltd., damages of $350,000 in compensation for the taking of its leasehold interest in the land condemned. The district court granted the DOT's motion for new trial and denied its motion for judgment notwithstanding the verdict. We reverse the grant of a new trial and affirm the denial of judgment notwithstanding...

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