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OLSON v. STATE

No. 2 CA-CIV 763.

12 Ariz. App. 105 (1970)

467 P.2d 945

Eugene OLSON and Thelma Olson, husband and wife, Appellants, v. STATE of Arizona and City of Tucson, a municipal corporation, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 3, 1970.

Review Denied June 30, 1970.

Attorney(s) appearing for the Case

Dunseath & Stubbs, by Robert C. Stubbs, Tucson, for appellants.

Lewis C. Murphy, City Atty., City of Tucson, Miller, Pitt & Feldman, by Stanley G. Feldman, Tucson, Special Attys., for appellee City.

Gary K. Nelson, Atty. Gen., by Stanley Z. Goodfarb, Asst. Atty. Gen., Phoenix, for appellee State.

HOWARD, Chief Judge.

This appeal is taken from a judgment in favor of the State of Arizona and the City of Tucson in inverse eminent domain proceedings instituted by the appellants, owners of certain property located in the City of Tucson.1

The Olsons claimed their property had been damaged because there had been a "change in plans" in a highway construction project. This "change of plans" theory was predicated on the following...

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