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STATE v. NESS

No. 1914.

516 P.2d 1212 (1973)

STATE of Alaska, Appellant, v. Lester NESS and Nora Ness, Appellees.

Supreme Court of Alaska.

December 17, 1973.

Attorney(s) appearing for the Case

John E. Havelock, Atty. Gen., Juneau, Malcolm L. McCain, Asst. Atty. Gen., Anchorage, for appellant.

Allen L. Jewell, of Hahn & Jewell, Anchorage, for appellees.

Before RABINOWITZ, C.J., and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, JJ.

OPINION

RABINOWITZ, Chief Justice.

This appeal arises from eminent domain proceedings instituted by the State of Alaska. Using a complaint and declaration of taking, the state condemned certain real property owned by appellees.1 Located on this Kenai property was a building, owned by appellees, containing a basement apartment and restaurant known as the Pancake House on the ground floor. After the date of taking, appellees acquired...

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