PEOPLE EX REL. DEPT. PUB. WKS. v. VOLZ

Docket No. 13051.

25 Cal.App.3d 480 (1972)

102 Cal. Rptr. 107

THE PEOPLE EX REL. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. RUDOLPH H. VOLZ et al., Defendants and Respondents.

Court of Appeals of California, Third District.

May 11, 1972.


Attorney(s) appearing for the Case

COUNSEL

Harry S. Fenton, John B. Matheny, Edward J. Connor, Jr., George L. Cory and Elias D. Bardis for Plaintiff and Appellant.

Lally, Martin, Chidlaw & Brown, William Chidlaw, James P. Jackson and David McMurtry, City Attorneys, and John B. Heinrich, County Counsel, for Defendants and Respondents.


OPINION

FRIEDMAN, Acting P.J.

The state appeals from a judgment condemning a parcel for state highway purposes and awarding $150,000 in damages. The only issue on appeal is whether the trial court correctly excluded the state's proposed evidence of a street easement traversing the property. The case was fairly tried and no prejudicial error occurred. The judgment will be affirmed.

The parcel in question comprises about six...

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