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2- As an alternate ground for the above rulinq, the
Court•grants Defendants' motion for entry of judqment in
accordance with Defendants' motions for directed verdict m~de
at the trial, and orders that a Final Judgment shall be entered
.awardinq full compensation a8 follows:
a) Value of the Property Taken $ 750,088.00 . •
b) Sever~nce Damaqes 229,850.00 -
c) Special Bnhancement 0
d) Severance Damages Minus
Special Enhancement 229,850.00
e) Business Damages of Lessee 65,200.00 ~
Total of all Elements of Damage
(a + d + e) $ 1,045,050.00
3- In the ordinary case~the remedy for an inadequate
verdict is a retrial of the damages because, a) The record may
be in ~onflict as to the minimum possible damage award, and,
b) The claimant has a right to trial by jury as to sums in
excess of the minimum. Neither of these factors is present in
the instant case, because, a) There is no conf2.ict as.to the
minimum severance damaqes supported by the record, to wit,
$229,850, and b) The Defendants have waived any right to a
jury trial as to severance damages in excess of the minunwn.
The trial jury, uncier the Court's instructions, could properly
have rendered a verdict for severance damages 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 dannages of $48,000. Accordingly, in the event
an appellate court reverses the judgment entered by this
Court, then the Court on its.own motion hereby grants Defendants
a new trial on the issue of severance damage only. In the event
such a severance damaqe triaZ i.s held, a) The befendants shall
not be precluded from presenting evidence of severance damages
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