Jury awards Kokomo Glass Shop $305,600 in eminent domain case
“A trial last week ended with a jury awarding a local business more than $300,000 after a portion of its property was seized by the city of Kokomo to construct the incoming downtown hotel conference center.
Last week Kokomo Glass Shop won out in a jury trial against the city of Kokomo. The case stemmed from the city enacting eminent domain to garner land formerly occupied by one of the business’ two buildings in 2017. However, the business, through local attorney Kathy Noel, argued that the seizing of the business’ land entitled its owners to more money than was offered by the city.
In the end, the jury sided with Kokomo Glass Shop’s ownership, awarding owner Brad Newton $305,600 plus interest for the land the city seized, expenses incurred by the business related to moving, and other costs associated with the transition. That sum exceeded the final offer made by the city, which was $160,000, meaning the city also was required to pay Kokomo Glass Shop’s $26,000 in legal fees.
Witnesses in the trial testified that negotiations between the city and Kokomo Glass Shop’s ownership, which eventually included Newton’s son Wes, who now operates the business full time, began in 2013. The goal on the city’s part was to procure a portion of the downtown parcel of land occupied by Kokomo Glass Shop. The portion desired by the city was 226 S. Main St., which Kokomo Glass utilized as a fabrication facility and warehouse. The business’ other building nearby was on 226 S. Union St., which functioned as a storefront. The city didn’t attempt to procure that portion of the land.”
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Zimmerman, Devin. Kokomo Perspective 18 March 2019.