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PEOPLE EX REL. DEPT. PUB. WKS. v. SUPERIOR COURT

Docket No. S.F. 22510.

68 Cal.2d 206 (1968)

436 P.2d 342

65 Cal. Rptr. 342

THE PEOPLE ex rel. DEPARTMENT OF PUBLIC WORKS, Petitioner, v. THE SUPERIOR COURT OF MERCED COUNTY, Respondent; ROY L. RODONI et al., Real Parties in Interest.

Supreme Court of California. In Bank.

February 1, 1968.

Attorney(s) appearing for the Case

Harry S. Fenton, Holloway Jones, Jack M. Howard, William C. DeMartini, Charles E. Spencer, Jr., and William R. Edgar for Petitioner.

Thomas C. Lynch, Attorney General, and Robert L. Bergman, Deputy Attorney General, as Amici Curiae on behalf of Petitioner.

Linneman, Burgess, Telles & Van Atta, L.M. Linneman and James E. Linneman for Real Parties in Interest.

Fadem & Kanner and Gideon Kanner as Amici Curiae on behalf of Real Parties in Interest.

TRAYNOR, C.J.

The Department of Public Works seeks to compel the trial court to proceed with the condemnation of three instead of two parcels of real property owned by the real parties in interest, Roy and Thelma Rodoni.

The department built a freeway across a farm owned by the Rodonis. The farm consists of a southern rectangular parcel and a northern triangular parcel. The northeast corner of the former touches the southwest corner of the latter. The freeway...

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