Byrnes v. Johnson County CommissionersAnnotate this Case
In this inverse condemnation action the Supreme Court affirmed the decision of the district court entering judgment of a matter of law that Appellant failed to establish a taking and failed to provide proof of damages, holding that the trial court did not err in granting a directed verdict based on insufficient evidence of the value of Appellant's property.
In her action, Appellant alleged that a road expansion project took a portion of her real property in Johnson County. The trial court entered a judgment as a matter of law, concluding that Appellant did not meet her burden to show that a taking occurred and that the evidence would be inadequate to prove any measure of damages for a partial taking. The Supreme Court affirmed, holding that the trial court properly entered a judgment as a matter of law that Appellant failed to establish a taking and failed to provide proof of damages.