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3- In the ordinary case the remedy ~or an inadequate
verdict is a retria~ of the dan?aqes because, a) The record may
be in conflict as to the minimum possible damage award, and~,
b) The claimant has a riqht to trial by jury as to sums in _
excess of the mfnimum. Neither of these factors is present in
the instant case, because, a) There is no conflict as to the
minimum severance damages supported by the record, to wit, .
$229,850, and b) The Defendants have waived any right to a
jury trial as to severance damaqes in excess of the minimum.
The trial 3ury, under the Court's instructions, could properly
have rendered a verdict for severance damaqes no lower than
$229,850 and no hiqher than $320,000. Therefore, the Court
believes it has power to enter a final judgment as described
above. However, should the appellate court disagree, it would .
be manifestly unjust to limit the property owners to a recovery
on severance damages of $48,000. Accordingly, in the event
an appellate court reverses the judgment entered by this
Court, then the Court on its own uwtion hereby grants Defendants
a new trial on the issue of severance damage only. In the event
such a severance damage trial is held, aj The Defendants shall
not be precluded from presenting evidence of severance damages
in excess of $229,850, and b) No evidence shall be presented
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concerning special enhancement.
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4- Plaintiff's Motion for New Trial is denied. "
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~ It is thereupon,
ORDERED AND ADJUDGED, that title to the property described
above, which vested in the Plaintiff pursuant to the Order of
Taking and deposit heretofore made, is approved, ratified and
confirmed, and it is further,
ORDERED AND ADJUDGED, that Final Judgment is hereby
entered in accordance with the Order Granting Defenda.nts
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