12-25-2008, 01:55 PM
There was no winner or loser. The HSC simply established the legal procedures that fill in some blanks. It means the government and landowner will need to go back to the lower court for that court to rule on some issues based on the HSC's guidance on what things mean, when and how. Both sides can claim victory because both got something that they believe will enable them to win in the circuit court. The circuit court will end up deciding the winner or loser based on the HSC's ruling on some issues.