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STATE EX REL. HERMAN v. MESTAS

No. 1 CA-CIV 940.

12 Ariz. App. 289 (1970)

469 P.2d 855

STATE of Arizona, ex rel., Justin HERMAN, Director, Arizona Highway Department, Appellant, v. Pete MESTAS, a single man, Appellee.

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

Rehearing Denied June 22, 1970.

Review Denied September 15, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., Phoenix, by James R. Redpath, Asst. Atty. Gen., for appellant.

Standage, Allen & Phelps, by Gove L. Allen, Mesa, for appellee.

JACOBSON, Acting Presiding Judge.

This appeal requires us to determine whether or not the language contained in a right-of-way contract is a bar to a subsequent action by the landowner in inverse eminent domain.

Plaintiff-appellee, Pete Mestas, brought an action in inverse eminent domain against the defendant-appellant, State of Arizona ex rel., Justin Herman, Director, Arizona Highway Department, seeking damages for an alleged change of grade and resulting...

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