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STATE v. TUCSON TITLE INSURANCE COMPANY

No. 8595.

101 Ariz. 415 (1966)

420 P.2d 286

STATE of Arizona ex rel., Justin HERMAN, Director, Arizona Highway Department, Appellant and Cross-Appellee, v. TUCSON TITLE INSURANCE COMPANY, an Arizona corporation, Robert Stubbs and Mary Ann Stubbs, his wife, A.T. Clark, a widower, and the Unknown Heirs of Stella G. Clark, Deceased, Appellees and Cross-Appellants.

Supreme Court of Arizona. In Banc.

November 17, 1966.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Phoenix, Robert S. Tullar, Sp. Asst. Atty. Gen., Tucson, for appellant and cross-appellee.

Dunseath, Stubbs & Burch, Tucson, Dushoff, Sacks & Corcoran, Phoenix, for appellees and cross-appellants.

American Trial Lawyers Ass'n., amicus curiae.

LOCKWOOD, Justice.

This is an eminent domain proceeding involving the value of two parcels of unimproved real estate located in the Southwestern area of Tucson, Arizona, at 29th Street and Freeway. On June 8, 1950, the property owner, A.T. Clark, who at that time owned all of the surrounding property now in question, deeded a portion of such property to the state for the proposed freeway. Subsequently in July of 1961 the state filed a condemnation complaint to condemn...

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