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Case No. 19-1582

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.

County:
Linn

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:
19-1582
Date Published:
May 06, 2022
Date Amended:
Jul 13, 2022

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1582
Date Published:
Apr 14, 2021
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.

Other Information

Date Retained:
Aug 26, 2021

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