As noted in a prior blog post, Morphew Law Office obtained a successful jury trial verdict in an eminent domain trial on behalf of its client as a result of the forced taking of her property by Hennepin County. At the conclusion of the trial, the jury returned a verdict that was 70% higher than the amount initially offered by the County at the beginning of the case. Following the decision by the jury, the County elected to appeal the decision of the district court denying its request for a new trial. The Court of Appeals affirmed the decision of the district court and determined that the County was not entitled to a new trial.

Following the decision of the Court of Appeals, the County filed a Petition for Review of that decision with the Minnesota Supreme Court. The Supreme Court accepted review of the decision of the Court of Appeals with the intention of resolving the issue of the admissibility of evidence of construction-related interference that occurs after the date of taking in eminent domain cases..

Following a lengthy briefing period, the oral argument happened on June 4, 2020. During the oral argument, Minneapolis attorney, Jon W. Morphew, noted that the County was trying to overturn almost 100 years of precedent in Minnesota regarding the admissibility of evidence in eminent domain cases. Mr. Morphew noted that not only was the County arguing that evidence of construction-related interference that occurs after the date of taking is not admissible as a matter of law, the County was also arguing that evidence of construction-related interference presented as of the date of taking is not admissible because it is speculative.

Based upon the County’s argument, no property owner will ever be able to submit evidence of the impact that construction-related interference has upon the fair market value of their property. Such a position is contrary to well-established legal precedent in Minnesota and is the reason why Mr. Morphew anticipates the Supreme Court will affirm the decision of the Court of Appeals and the district court denying the County’s request for a new trial. A decision is expected within 60-90 days.