Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

STATE HIGHWAY COMMISSION OF MISSISSIPPI v. W. W. WARREN

AUGUST 31, 1988

STATE HIGHWAY COMMISSION OF MISSISSIPPI
v.
W. W. WARREN, ET AL



BEFORE ROY NOBLE LEE, C.J., SULLIVAN & ANDERSON, JJ.

SULLIVAN, JUSTICE, FOR THE COURT:

The State Highway Commission of Mississippi filed a condemnation proceeding on November 8, 1985, in the Special Court of Eminent Domain, First Judicial District of Hinds County, Mississippi, seeking to condemn for public use. 145 acres of a 1.88 acre tract of land owned by W. W. Warren. Also named as party defendants in the condemnation proceeding were Steak and Ale of Mississippi, Inc., Donald Wayne Cooper and Win Vaughn, d/b/a The Silver Mine, and Perry N. Duggar and Carol A. Duggar, d/b/a The Wedding Gallery, Inc., each of whom held a leasehold interest in a part of the condemned property.

The trial commenced on March 25, 1986. At the conclusion of the evidence, the case was submitted to the jury, which returned a unanimous verdict finding that $375,000.00 was due the defendants because of the taking. The jury allocated compensation to each defendant as follows: $200,000.00 to W. W. Warren, $150,000.00 to Steak and Ale of Mississippi, Inc., $15,000.00 to The Silver Mine, and $10,000.00 to The Wedding Gallery, Inc.

 Judgment was entered on April 1, 1986, and on April 7, 1986, Warren filed a motion to amend judgment or, alternatively, for a new trial. At the conclusion of this post-trial hearing, the order of the court entered April 30, 1986, provided that a new trial would be awarded unless the Commission accepted an additur of $96,645.00 in favor of Warren.

 The Commission promptly filed its rejection of additur on May 8, 1986, and has now appealed to this Court as authorized by Section 11-7-213, Mississippi Code Annotated (1972), requesting a reinstatement of the jury verdict. In addition, the Commission asks this Court to notice plain error under Mississippi Supreme Court Rule 6 (b), and either reverse and remand for a new trial, or grant a remittitur, on the basis that it was error for the lower court to allow compensation for loss of access to the interstate frontage road. The Commission assigns only one error bearing discussion:

 1. The trial court abused its discretion in entering an Order granting Appellee W. W. Warren a new trial on condition that Appellant, State Highway Commission of Mississippi, rejected an additur of $96,645.00 in that the jury's verdict was not against the overwhelming weight of the evidence or so inadequate as to evince bias, passion or prejudice;

 Warren cross-appeals and assigns the following

 errors:

 1. The damages awarded by the jury were inadequate and contrary to the overwhelming weight of the credible evidence and reflected bias, passion, and prejudice against W. W. Warren; and

 2. The lower court erred in failing to grant an adequate additur to W. W. Warren.

 Prior to the institution of this action, W. W. Warren owned a commercial site composed of approximately 1.88 acres next to the I-55 South Frontage Road, and within 150 feet of Northside Drive. The property contained roughly 450 feet of frontage on the I-55 South Frontage Road, and was divided into three separate parcels with five driveways connecting to the frontage road. The acquired .145 acre strip of land lies on the east side of Warren's property, and is triangular in shape. In addition to the five driveways providing access to the frontage road, there was an additional 115 feet of accessible frontage on Office Park Drive, a public street contiguous to the west side of the property. The acquisition resulted in the loss of all five driveways leading onto the Interstate 55 Frontage Road. Notwithstanding, access remains via Office Park Drive.

 As of the date of acquisition on November 8, 1985, the Warren property was leased to three lessees. The southernmost tract, of which .117 acres was acquired, was leased to Steak and Ale of Mississippi, Inc., which operates Bennigan's Restaurant on that location. The other two parcels were leased to The Silver Mine, a pawn brokerage shop, and The Wedding Gallery, Inc., a bridal and formal wear shop. The acquired right of way necessitated the removal of the majority of a six foot roof overhang in front of The Silver Mine building, and a sidewalk underneath it. The walls of The Silver Mine building remain unaffected, and Bennigan's and The Wedding Gallery building likewise remain outside the affected area.

 On March 5, 1986, pursuant to Mississippi Code Annotated, Section 11-27-7 (1972), the Commission filed its Statement of Values reflecting that, as of the date of filing of the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.