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STATE v. SOUTHERN ARIZONA LAND COMPANY

No. 2 CA-CIV 286.

5 Ariz. App. 139 (1967)

424 P.2d 181

STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellant, v. SOUTHERN ARIZONA LAND COMPANY, a corporation, Mary Helen Powers Gerhart, wife of Richard M. Gerhart, as her sole and separate property, Berneice Powers Roads, wife of John H. Roads, as her sole and separate property, Lawrence C. Powers, as his sole and separate property, and Pima County Treasurer, Appellees.

Court of Appeals of Arizona.

February 21, 1967.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Lawrence Howard, Sp. Asst. Atty. Gen., Tucson, for appellant.

Dunseath, Stubbs & Burch, by Robert C. Stubbs, Tucson, for appellees.

MOLLOY, Judge.

This is an appeal from a judgment granting a new trial in a condemnation action. A trial to a jury had resulted in a verdict which the landowner considered insufficient in amount, and, on motion for a new trial, the court entered an alternative additur order giving the state the option of accepting the additur or being accorded a new trial. The additur was rejected by the state and thereafter, the court granted a new trial. This appeal followed.

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