Cunningham v. Marcello, 106 R.I. 400

Summary

The Rhode Island Supreme Court reviewed an eminent-domain valuation dispute involving unimproved property near the Midland Mall in Warwick. The court held that the trial justice properly valued the property based primarily on location and expert comparable-sales testimony, and affirmed the judgment awarding the landowners $115,870 plus interest.

Holdings

1. The judgment was not erroneous because the trial justice's ultimate valuation was based on the property's location and proximity to the Midland Mall, not on the amount of the outstanding mortgages.
2. The alleged evidentiary error was not reviewable because respondent made no objection on the record to the testimony or evidence at trial.
3. The trial justice's valuation findings were not clearly wrong and did not misconceive or overlook pertinent testimony; therefore, the findings would not be disturbed.

Questions Presented

1. Whether the trial justice improperly considered the amount of mortgages encumbering the property as evidence of its fair market value.
2. Whether the trial justice improperly allowed petitioners' expert to rely on a comparable sale occurring after the condemnation without first determining whether prior eminent-domain proceedings had inflated neighboring property values.
3. Whether the trial justice's valuation findings were clearly wrong or based on a misconception or oversight of material evidence.

Disposition

affirmed