Richard W. BLY; Patsy A. Bly; and Bank of the West, F/N/A/ Community First National Bank, F/N/A the Bank, N.A…

Summary

The court held that a private-condemnation petition adequately described both the location and purpose of a requested nonexclusive access easement, even without a metes-and-bounds description or detailed statement of intended uses. It also held that cost-of-construction evidence was relevant and should have been admitted, but that its exclusion was harmless under the circumstances and therefore did not constitute an abuse of discretion. Justice EID, joined by Justice RICE, concurred in part and dissented in part, arguing that exclusion of the cost evidence required reversal.