Sevier County vs. John Waters, Trustee

Case Number
E2002-02309-COA-R3-CV
This is a land condemnation case. On November 18, 1988, Sevier County ("the County") filed a petition for condemnation seeking to condemn property in the county for a new jail. The petition was tried to a jury some 13 plus years later, on June 19 and 20, 2002. The jury awarded compensation of $335,500. This verdict was $158,500 more than the amount deposited in court by the County. The trial court entered judgment on the jury's verdict; the trial court supplemented the award by an award of pre-judgment interest of $267,468.75 and decreed that the total judgment of $425,968.75 would accrue interest at the rate of 10% per annum. The County appeals, arguing (1) that the trial court erred in excluding evidence pertaining to a controversy over the ownership of the property; (2) that pre-judgment interest is discretionary with the court and that the court below should have considered the disputes among the property owners as a factor impacting the delay in getting this matter to trial; (3) that the trial court erred in the way it calculated pre-judgment interest; and (4) that the trial court erred in decreeing that the judgment of $425,968.75 would accrue post-judgment interest at the rate of 10% per annum. We affirm.
Authoring Judge
Judge Charles D. Susano, Jr.
Originating Judge
Ben W. Hooper, II
Case Name
Sevier County vs. John Waters, Trustee
Date Filed
Dissent or Concur
No
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