Property owner filed inverse condemnation action against county, Department of Transportation, and other defendants.
The District Court granted State’s motion for judgment as a matter of law (JMOL). Property owner appealed.
The Supreme Court held that:
- Owner failed to demonstrate direct taking of her property;
- Owner failed to demonstrate indirect taking of her property;
- There was no evidence of preconstruction value of property, and thus owner failed to establish before and after measure of damages for a partial taking;
- Evidence regarding estimated costs related to amending driveway was insufficient to establish value of property allegedly taken, as measure of damages for a partial taking; and
- Owner was not entitled to default judgment against Department.