Summary
In Collier v. City of Oak Grove, WD 65355, 2007 WL 1185982, ___ S.W.3d. ___ (Mo.App.W.D. Apr. 24, 2007), we recognized that in order for one to receive just compensation in an inverse condemnation action, interest should be awarded for the time between the taking and the time payment is actually made.
Summary of this case from Randolph v. Mo. HighwaysOpinion
No. WD65355.
April 24, 2007.
Appeal From Circuit Court of Jackson County, MO, The Honorable Michael W. Manners, Judge.
Attorneys Steve Majors, Esq., Attorney for Appellant — Kansas City, MO.
William L. Carr, Esq., Attorney for Respondent — Kansas City, MO.
Before: LOWENSTEIN, P.J., SPINDEN and NEWTON, JJ.
OPINION SUMMARY
The City of Oak Grove appeals a judgment, entered after a jury trial, awarding homeowner Donna Collier damages of $200,000 and prejudgment interest of $139,528.76 in an action for inverse condemnation for damage arising from repeated sewer backups into the basement of her home. Oak Grove raises three points on appeal: (1) Collier did not make a submissible case of inverse condemnation.; (2) prejudgment interest is not proper in inverse condemnation claims; and (3) Oak Grove's request for remittitur should be granted as the measure of damages was excessive.
AFFIRMED.
Division 1 holds:
Oak Grove did not preserve its claim of error that Collier did not make a submissible case of inverse condemnation as the city failed to make a motion for direct verdict at the close of all evidence. Prejudgment interest is available in an inverse condemnation action. Although a trial court may only enter judgment in the amount returned by the jury and may not add to the jury's verdict, here the parties stipulated that the court would determine prejudgment interest. The award of prejudgment interest was proper and the trial court did not err. The trial court did not err in denying Oak Grove's motion for remittitur as Oak Grove failed to object to the jury instruction providing the measure of damages. The judgment is affirmed.