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STATE OF CAL., STATE PUB. WKS. BD. v. WHERITY

Docket No. 11814.

275 Cal.App.2d 241 (1969)

79 Cal. Rptr. 591

THE STATE OF CALIFORNIA ex rel. STATE PUBLIC WORKS BOARD, Plaintiff and Appellant, v. MARY WHERITY et al., Defendants and Respondents.

Court of Appeals of California, Third District.

July 28, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Edmund E. White and J.M. Sanderson, Deputy Attorneys General, for Plaintiff and Appellant.

Lally, Martin & Chidlaw, Thomas W. Martin and J. Michael Brown for Defendants and Respondents.

Rogers, Vizzard & Tallett and John D. Rogers as Amici Curiae on behalf of Defendants and Respondents.

REGAN, J.

Plaintiff State of California appeals from a judgment upon a jury verdict in an action brought by plaintiff to condemn, for use as part of the Capitol Area Plan, a parcel of land in the City of Sacramento.

The parcel is a lot 31 1/2 feet by 80 feet, containing approximately 2,500 square feet, improved with an apartment house with two one-bedroom flats on the ground floor and one two-bedroom flat on the second floor. The area in which the lot is situated...

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