United States First Circuit

In condemnation proceedings involving a 34 acre parcel used by the Federal Aviation Administration for aircraft navigation, the district court's judgment is affirmed where the district court: 1) did not abuse its discretion in excluding defendant's own testimony when the court had excluded similar testimony by defendant's expert; 2) did not err in holding that the "before and after" method was appropriate in valuing the property, assuming a partial taking; and 3) did not err in submitting to the jury unity of use. Defendant's remaining contentions were without merit.

Appellate Information

• Decided 09/11/2009
• Published 09/11/2009

Judges

• DYK, Circuit Judge., Before BOUDIN, SELYA, and DYK, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul E. Harrison, with whom Francisco Diez and J. Wayne Mumphrey, were on brief, for appellant.


• For Appellees:
  
• Aaron P. Avila, Attorney, U.S. Dep't of Justice, with whom John C. Cruden, Acting Assistant Attorney General and Jeffrey M. Tapick, Attorney, U.S. Dep't of Justice, were on brief, for appellee.