OGDEN CITY v. STEPHENS

No. 11106.

445 P.2d 703 (1968)

21 Utah 2d 336

OGDEN CITY, a municipal corporation of the State of Utah, Plaintiff and Respondent, v. William P. STEPHENS, Isabelle L. Stephens, his wife, and J.B. Marsh, Defendants and Appellants.

Supreme Court of Utah.

September 27, 1968.


Attorney(s) appearing for the Case

Milton A. Oman, H. James Clegg, Salt Lake City, for appellants.

Carl T. Smith, Ogden, for respondent.


ELLETT, Justice:

The defendants appeal from a judgment of condemnation of land owned by Stephens and leased to Marsh. Two assignments of error are made by the defendants. First, it is contended that the property taken was not subject to eminent domain proceedings because it was not taken for a public use in that it was taken for off-street parking when it was already in use as a private parking lot. Second, defendants claim the court erred in admitting opinion testimony...

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