Home/Utah Supreme Court/Utah Department of Transportation v. Rayco Corp.

Utah Department of Transportation v. Rayco Corp.

599 P.2d 481, 1979 Utah LEXIS 864
CourtUtah Supreme Court
DecidedJuly 26, 1979
Docket15265
StatusPublished
Cited by13 cases

This text of 599 P.2d 481 (Utah Department of Transportation v. Rayco Corp.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Utah Department of Transportation v. Rayco Corp., 599 P.2d 481, 1979 Utah LEXIS 864 (Utah 1979).

Opinions

MAUGHAN, Justice:

Defendant Rayco, the owner of a shopping center and supermarket situated thereon, appeals from a judgment rendered in an eminent domain proceeding. Defendant seeks a new trial.

We reverse and remand for a new trial, in accordance with this opinion. Costs to [483]*483Rayeo. All statutory references are to U.C.A. 1953.

The matter was tried before a jury, which returned a verdict of $99,963.65 for damages; of this, $38,028.00 was for the fair market value for the land taken, and $61,935.65 was for severance damages. Defendant made motions for an additur, or in the alternative, for a new trial. The trial court granted an additur of $37,714.35; of this sum, $10,800 was for improvements situated on the land taken, for which the jury failed to award any compensation. The remaining amount was to cover the minimum amount, as indicated in the evidence, to compensate for the cost of cure; a standard of recovery advocated by the state and adopted by the jury in lieu of severance damages. The plaintiff accepted the addi-tur, and an amended judgment was entered. Defendant appeals and plaintiff cross appeals. The following diagram will be helpful in visualizing the facts and issues here involved.

Defendant’s commercial property was situated in the downtown section of Ogden, Utah. It had 414 feet of frontage and access to 12th Street, and 180 feet of frontage and access to Washington Boulevard; both of which are major traffic arteries. As of June 7, 1976, the date of acquisition, the entire property was being utilized as a shopping center and supermarket. The improvements were situated on the northern boundary of the property; the parking area was immediately in front of it and extended to the southern boundary on 12th Street. The supermarket was located on the northeast part of the tract with unloading docks and employee parking situated next to the east property line. To the west of the supermarket, extending to the western boundary on Washington Boulevard, were three commercial rental units which were leased by a fabric store, a restaurant, and an ice cream store. The building occupied approximately 42,460 square feet of the property; most of the remainder of the 140,000 square feet of the property was utilized for parking.

[See following illustration.]

[484]*484

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Utah Department of Transportation v. Rayco Corp.
599 P.2d 481 (Utah Supreme Court, 1979)

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Bluebook (online)
599 P.2d 481, 1979 Utah LEXIS 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utah-department-of-transportation-v-rayco-corp-utah-1979.