In the Matter of the Condemnation of Certain Rights in Land for the Extension of Armar Drive Project by the City of Marion, Iowa, Phyllis M. Rausch, Trustee of the William J. Rausch Family Trust
v.
City of Marion, Iowa
Phyllis M. Rausch, trustee of the William J. Rausch Family Trust, appeals from the jury’s verdict for approximately $83,000 as the value of property condemned for the development of a road in the City of Marion. She argues evidence regarding value of the property offered by a trust beneficiary was improperly treated as lay opinion or excluded.
Applicant
In the Matter of the Condemnation of Certain Rights in Land for the Extension of Armar Drive Project by the City of Marion, Iowa, Phyllis M. Rausch, Trustee of the William J. Rausch Family Trust
Resister
City of Marion, Iowa
Attorney for the Applicant
Dean A. Spina
Attorneys for the Resister
Robert W. Goodwin
Kara L. Bullerman
Supreme Court
Oral Argument Schedule
15-15-5
Feb 22, 2022 1:30 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Date Amended:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
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Summary
Appeal from the Iowa District Court for Linn County, Patrick R. Grady, Judge. AFFIRMED. Considered by Doyle, P.J., and Tabor and Ahlers, JJ. Opinion by Doyle, P.J. (3 pages)
Phyllis M. Rausch, as trustee of the William J. Rausch Family Trust, appeals a condemnation award providing compensation for a portion of trust property condemned by the City of Marion. OPINION HOLDS: Because evidence of comparable sales was inadmissible through a lay witness who had no personal knowledge of the transactions, district court did not abuse its discretion in excluding it.