PEOPLE EX REL. DEPT. PUB. WKS. v. DiTOMASO

Docket No. 22770.

248 Cal.App.2d 741 (1967)

57 Cal. Rptr. 293

THE PEOPLE EX REL. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. MICHAEL DI TOMASO et al., Defendants and Respondents.

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

February 27, 1967.


Attorney(s) appearing for the Case

Harry S. Fenton, Holloway Jones, Jack M. Howard, Lee Tyler and William R. Edgar for Plaintiff and Appellant.

Marlais & Hover and Wade H. Hover for Defendants and Respondents.


SIMS, J.

The state, as condemnor, has appealed from a judgment which awarded the defendant property owners $55,000. This judgment ensued from a jury trial which resulted in a verdict that the fair market value of the property taken was $35,000, that the owners suffered $20,000 damages to the remainder of their property by reason of the severance and the construction of the improvement in the manner proposed, and that there were no special benefits accruing to the...

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