Richard W. BLY; Patsy A. Bly; and Bank of the West, F/N/A/ Community F — Eid, J., concurring in part and dissenting…

Summary

Justice Eid agrees that the motion to dismiss was properly denied but disagrees with the conclusion that excluding cost-of-construction evidence was harmless. The opinion reasons that limiting the jury to comparable sales was improper because comparable sales for driveway easements were unavailable and valuation evidence should not be restricted to a single method. It would therefore dissent from the majority's treatment of the evidentiary issue.