STATE v. HOLT'S ESTATE

No. 9763.

14 Utah 2d 235 (1963)

381 P.2d 724

THE STATE OF UTAH, BY AND THROUGH ITS ROAD COMMISSION, PLAINTIFF AND RESPONDENT, v. ESTATE OF IDA HOLT, DECEASED, ROBERT L. HOLT AND JOHANNA G. HOLT, HIS WIFE, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

May 27, 1963.


Attorney(s) appearing for the Case

John E. Stone, Robert C. Cummings, Salt Lake City, for appellants.

A. Pratt Kesler, Atty. Gen., Norman S. Johnson, Asst. Atty. Gen., Salt Lake City, for respondent.


WADE, Justice.

This is an appeal from a jury verdict and judgment thereon in a condemnation proceeding commenced by the Utah State Road Commission, respondent herein, in which appellants were awarded the sum of $1,500 as compensation for real property taken by the State for public purposes.

The property in question was triangular in shape and when acquired by appellants in 1926 was used as commercial property for a drive-in root beer stand which use continued...

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