Pinkham v. Dep't of Transp.
Annotate this CaseTerrence E. Pinkham appealed the Superior Court's award of $41,500 as just compensation for the MDOT's taking of a portion of his property by eminent domain for a road improvement project. The court agreed with Pinkham's contention that the Superior Court erred by ruling that the MDOT was not required to provide in discovery those portions of its appraiser’s report appraising other properties taken for the project pursuant to 23 M.R.S. 63. In this case, the interests of justice require that Pinkham be given the opportunity to review that information in discovery - within the constraints of any protective provisions to preclude its public disclosure pursuant to M.R. Civ. P. 26 - and to seek its admission at a new trial. Accordingly, the court vacated and remanded for further proceedings.
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