CHOISSER v. STATE EX REL. HERMAN

No. 1 CA-CIV 1013.

12 Ariz. App. 259 (1970)

469 P.2d 493

Helen CHOISSER, a single woman, Appellant, v. The STATE of Arizona, ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellee, D.V. Merrick and Ruth Merrick, his wife, Amicus Curiae, Stephen W. Pogson, Trustee, Amicus Curiae.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied July 20, 1970.

Review Denied October 6, 1970.


Attorney(s) appearing for the Case

Cavness, DeRose, Senner & Foster, by Jack C. Cavness, Phoenix, for appellant.

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

Stevenson, Warden & Smith, by Robert W. Warden, Flagstaff, for D.V. Merrick and Ruth Merrick, his wife, amici curiae.

Evans, Kitchel & Jenckes, by Roger H. Broach, Phoenix, for Stephen W. Pogson, Trustee, amici curiae.


JACOBSON, Acting Presiding Judge.

The assertion of a lessee's loss of business as an independent item of damages resulting from the state's exercise of its power of eminent domain is presented in this appeal from a summary judgment entered in the Superior Court of Coconino County.

On April 14, 1967, plaintiff-appellee State of Arizona condemned a portion of a property known as "Truck City" located on the north side of U.S. 66 east of its intersection with...

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