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STATE ROAD COMMISSION v. ROHAN

No. 12216.

487 P.2d 857 (1971)

26 Utah 2d 202

STATE ROAD COMMISSION, Plaintiff and Appellant, v. Walter C. ROHAN et al., Defendants and Respondents.

Supreme Court of Utah.

July 27, 1971.

Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., John S. McAllister, Stephen C. Ward, Asst. Attys. Gen., Salt Lake City for plaintiff-appellant.

Jack Fairclough, Salt Lake City for defendants-respondents.

CROCKETT, Justice:

The State Road Commission, in eminent domain proceeding, took about one fifth (2,000 square feet) from the rear of a 10,000-square-foot residential lot of the defendants located near 33d South and Wasatch Boulevard in Salt Lake City to accommodate a new freeway. Upon plenary trial a jury fixed damages in the sum of $4,200 which is well within the defendants' expert testimony. The Road Commission appeals contending that it was error to allow defendants...

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