STATE, ROAD COMMISSION v. TANNER

No. 12688.

512 P.2d 1022 (1973)

30 Utah 2d 19

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Appellant, v. George TANNER et al., Defendants and Respondents.

Supreme Court of Utah.

July 17, 1973.


Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Salt Lake City, George S. Ballif, Special Asst. Atty. Gen., Provo, for plaintiff-appellant.

E.J. Skeen, of Skeen & Skeen, Salt Lake City, for defendants-respondents.


HENRIOD, Justice:

Appeal from an award by jury verdict for drainage water alleged to have been taken in a condemnation action by the State where defendants were awarded $75,000 for taking and severance damages, excluding the instant claim, incident to a highway project, where the drainage phase was separated by stipulation, for future adjudication. The later award by the court, sitting without a jury, of $38,800 for such drainage on account of waters interfered with...

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