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STATE v. LOPEZ

No. 2 CA-CIV 518.

8 Ariz. App. 61 (1968)

442 P.2d 884

STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellant, v. Antonio LOPEZ, as his sole and separate property; Mercedes Yubeta, as her sole and separate property; Jesus Lopez, as his sole and separate property; Angelita Mills, as her sole and separate property; and Artemisa O'Campo, as her sole and separate property, Appellees.

Court of Appeals of Arizona.

Rehearing Denied August 15, 1968.

Review Denied October 8, 1968.

Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Stewart & Pickrell, by Robert Pickrell, Phoenix, Special Counsel, for appellant.

Hirsch, Van Slyke & Ollason, by Gerald B. Hirsch, Tucson, for appellees.

KRUCKER, Judge.

This is an appeal from a suit brought by the State of Arizona to condemn lands belonging to appellees situated in Santa Cruz County near Nogales, Arizona. Appellees were owners of 200.4 acres of land three miles north of the Nogales city limits. 4.7 acres were subject to an easement for existing Highway 89. The State took an additional 24.2 acres. Trial was held in September, 1967. The only issues tried were the value of the land taken and the damages...

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