In a taking from the old MacDonald farm (really) the primary issue was the highest and best use of the property. Blankingship & Keith first succeeded in reducing the size of the taking. The key ruling at trial was Paul’s success in having the County’s Comprehensive Plan thrown out of evidence because it was based in part on the road to be constructed as part of the taking in the case.
The original offer was $7,830,635 for 81 acres. The jury verdict was $11,572,491 for only 49 acres.