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PEOPLE EX REL. DEPT. OF PUBLIC WORKS v. DONALDSON

Docket No. 21735.

231 Cal.App.2d 739 (1965)

42 Cal. Rptr. 318

THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. CLAUDE E. DONALDSON et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

January 19, 1965.

Attorney(s) appearing for the Case

Harry S. Fenton, Chief Counsel, Holloway Jones, Deputy Chief Counsel, Jack M. Howard, Charles W. Thissell and William R. Edgar for Plaintiff and Appellant.

James A. Myers, Albert H. Davidson and D.W. Brobst for Defendants and Respondents.

TAYLOR, J.

This is an appeal by the state from a judgment and final order of condemnation. Respondents were the owners of 7.8 acres of steep hillside on the north side of Mountain Boulevard in Oakland described as Parcels 3A and 3B in the complaint which appellant sought to condemn for state highway purposes. The jury found the fair market value was $48,000, or approximately $6,000 per acre. Appellant contends that the court erred in instructing the jury and in the...

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