STATE v. TEDESCO

No. 8290.

4 Utah 2d 248 (1956)

291 P.2d 1028

STATE OF UTAH, BY AND THROUGH ITS ENGINEERING COMMISSION, D.H. WHITTENBURG, CHAIRMAN, H.J. CORLEISSEN AND LAYTON MAXFIELD, MEMBERS OF THE ENGINEERING COMMISSION, PLAINTIFF AND APPELLANT, v. FRED TEDESCO ET AL., AND BURTON F. PEEK AND CHARLES D. WIMAN, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF CHARLES H. DEERE, DECEASED, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 9, 1956.


Attorney(s) appearing for the Case

E.R. Callister, Atty. Gen., Robert B. Porter, John W. Horsley, Asst. Attys. Gen., for appellant.

Dickson, Ellis, Parsons & McCrea, Calvin Behle, Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from a condemnation judgment entered after verdict for 1) the value of a water system, 2) a Parcel 1, consisting of an unsubdivided area and a subdivided area of some 80-odd lots, 62 of which remained unsold, and 3) 8% interest on the additional amount adjudged on the second trial ordered by this court, for the period between the two judgments.

As to 1): The judgment is affirmed. We believe there was sufficient competent evidence of...

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