Johnson v. Metro. Wastewater Reclamation Auth.

In this interlocutory appeal, the Supreme Court reviewed the district court's ruling consolidating condemnation appeals from proceedings by two separate condemning authorities taking property from the same parent tract of farmland. The takings were four months apart for unrelated projects. The district court consolidated the landowner's appeals, finding common question of law or fact and a lack of prejudice. The Supreme Court reversed, holding that consolidation was an abuse of discretion, as (1) fact finders must determine just compensation for different types of takings by separate condemning authorities four months apart for unrelated projects; and (2) certain evidence in each case would be inadmissible in the other, thus creating a substantial risk of prejudice and jury confusion. Remanded for separate trials. View "Johnson v. Metro. Wastewater Reclamation Auth." on Justia Law