Thomas v. City of Fayetteville

The City filed a complaint in eminent domain against Zara Thomas, trustee of two revocable trusts, and a motion for an order of immediate possession, seeking to procure a portion of Thomas's property for the purpose of constructing a bike trail. The circuit court granted the City's motion for order of immediate possession, and the City commenced construction on Thomas's property. Thomas appealed. The Supreme Court dismissed the appeal without prejudice, holding that the order did not conclude the parties' rights as to the subject matter in controversy, and therefore, was not a final and appealable order, as the circuit court had not yet addressed the issue of Thomas's right to just compensation and the amount of damages. View "Thomas v. City of Fayetteville" on Justia Law