Date: 06-08-1998

Case Style: State of Idaho Department of Transportation ex rel. v. Myron Stahl and Kathleen Stahl, Ray Dowding, Jr. and Idaho Sand and Gravel Co., Inc.

Case Number: CV-OC-95-04629D

Judge: Unknown

Court: Fourth Judicial District, Ada County, Idaho

Plaintiff's Attorney: William A. McCurdy, Brassey, Wetherell, Crawford & McCurdy, Boise, Idaho; Steven M. Parry and Mary York, Idaho Transportation Department.

Defendant's Attorney: Fred Shoemaker of Cosho, Humphrey, Greener & Welsh, P.A., Boise, Idaho for Lessee Idaho Sand & Gravel Co., Inc.; Fee Owner/Lessor Stahl-Dowding's Attorney(s): E. Don Copple and Heather Cunningham of Davison, Copple, Copple & Copple, Boise, Idaho

Description: In this condemnation case, the Department of Transportation originally sued the Stahls and Dowding as fee owners on September 21, 1995, but failed to sue Idaho Sand and Gravel Co, Inc., the lessee under a mining lease for an ongoing gravel mine. The case was originally scheduled to be tried on April 21, 1998. Three days prior to trial, Idaho Sand and Gravel Company filed a motion to intervene urging that it was an indispensable party to the condemnation action and asked that the trial be vacated and rescheduled for a time to include Idaho Sand and Gravel, Co., Inc. as a co-defendant. Idaho Sand & Gravel was allowed to intervene and the trial was held on June 8, 1998. Amount of offer of judgment to all defendants: $419,626.00. The first issue was lost by the State upon the Court granting Idaho Sand and Gravel's motion to intervene - whether the State could avoid paying an operating lessee anything for the gravel that was taken and rendered unmineable by the new highway bisecting the gravel mine by not naming it as a defendant (adjacent to another gravel mine, the condemnation trial for which was reported earlier in this column). Other issues during trial involved: whether actions or statements of a condemnee could work a waiver or estoppel to just compensation damages; whether an operating gravel mine was consistent with the long term highest and best use as a residential or commercial development; whether business profits were properly considered by the jury in determining just compensation due the gravel mine operator; whether the long term highest and best use was residential or commercial; whether the new Highway 55 provided special benefits to the remainder lands which should reduce the damages payable to the fee owner.

Outcome: Jury Verdict: Idaho Sand and Gravel: $213,000; Stahl/Dowding: $279,820. Total aggregate jury verdict: $492,820.

Plaintiff's Experts: Ed Morse, MAI: JUB Engineers; Geodessey, John Dillman, MAI.

Defendant's Experts: Craig Van Engelen, Realtor; Chris Korte, land use planner, Glennda McLucas, geologist; Bob Smith, MAI.

Comments: None