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TIDWELL v. STATE EX REL. HERMAN

No. 2 CA-CIV 1474.

21 Ariz. App. 3 (1973)

514 P.2d 1260

James M. TIDWELL and Earline H. Tidwell, husband and wife, Appellants, v. STATE of Arizona ex rel. Justin HERMAN, Director, Arizona Highway Department, Appellee.

Court of Appeals of Arizona, Division 2.

October 22, 1973.

Attorney(s) appearing for the Case

Platt & Platt by Mitchel D. Platt, St. Johns, for appellants.

Gary K. Nelson, Atty. Gen. by John L. Jones, Asst. Atty. Gen., Phoenix, for appellee.

OPINION

KRUCKER, Judge.

A summary judgment in favor of the State on appellants' counterclaim in inverse eminent domain is the subject of this appeal.

The State instituted an eminent domain action to condemn a right-of-way for highway purposes across certain patented land of appellants and others. Appellants counterclaimed for damage to their forest grazing permit alleging:

"1.... The Plaintiff in it's [sic] Complaint has not alleged any taking...

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