DEFNET LAND & INVESTMENT CO. v. STATE

No. 8312.

103 Ariz. 388 (1968)

442 P.2d 835

DEFNET LAND & INVESTMENT CO., an Arizona corporation; Gordon McDowell, a/k/a Charles Gordon McDowell, and Juanita Fern McDowell, his wife; Al J. Defnet and Lena J. Defnet, his wife; Fortner D. Bell, as his sole and separate property; and Charles R. Lowell, a widower, Appellants, v. The STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellee.

Supreme Court of Arizona. In Banc.

July 3, 1968.


Attorney(s) appearing for the Case

Hughes & Hughes, Phoenix, for appellants.

Gary K. Nelson, Atty. Gen., Darrell F. Smith, former Atty. Gen., H.K. Mangum, Special Asst. Atty. Gen., Flagstaff, for appellee.


STRUCKMEYER, Justice.

This appeal arises out of an action brought by the State of Arizona to acquire the necessary right-of-way for the controlled access highway Interstate 40. Judgment for defendants-condemnees was entered in the superior court pursuant to a jury's verdict and defendants, being dissatisfied with the amount that the jury fixed as the value of the land taken, appeal.

The condemnation grew out of the conversion of U.S. 66 to U.S. Interstate...

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