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STATE, ROAD COMMISSION v. WILLIAMS

No. 11263.

452 P.2d 548 (1969)

22 Utah 2d 301

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. Rowan W. WILLIAMS et al., J.S. Prestwich, M.D., and Leatha Graff Prestwich, his wife, Defendants and Respondents.

Supreme Court of Utah.

March 27, 1969.

Attorney(s) appearing for the Case

Phil L. Hensen, Atty. Gen., Salt Lake City, Patrick H. Fenton, Special Asst. Atty. Gen., Cedar City, for plaintiff and appellant.

Robert S. Campbell, Jr., Stewart M. Hanson, Jr., of Parsons, Behle, Evans & Latimer, Salt Lake City, for defendants and respondents.

CALLISTER, Justice.

This is an appeal by the State of a condemnation award of $34,525 (market value of 50.07 acres condemned, $7,850.50, and severance damages, $26,674.50) to the defendant-landowners, the Prestwiches, upon the ground that the trial court erred in submitting the issue of severance damages to the jury.

Defendants owned a cattle ranch consisting of approximately 1800 acres, situated west and north of Kanarraville, Utah. Their property consisted...

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