MASTICK v. STATE

No. 2 CA-CIV 2533.

118 Ariz. 366 (1978)

576 P.2d 1366

Simon MASTICK, a single man, individually, and Louis L. Mastick, husband of Lupita Mastick, as his sole and separate property, Individually, and as co-trustees and trust beneficiaries of that certain Trust dated January 3, 1972, and recorded in the Santa Cruz County Recorder's Office in Docket 138, page 285; Maria Mastick aka Maria Matejchich, a widow, Individually and as trust beneficiary under that Trust dated January 3, 1972, and recorded in the Santa Cruz County Recorder's Office in Docket 138, page 285, Appellants, v. The STATE of Arizona, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 9, 1978.

Review Denied April 4, 1978.


Attorney(s) appearing for the Case

Lawrence P. D'Antonio, Tucson, for appellants.

Bruce E. Babbitt, Atty. Gen. by James R. Redpath and John L. Jones, Asst. Attys. Gen., Phoenix, for appellee.


OPINION

HOWARD, Judge.

This is an appeal from a judgment in an eminent domain proceeding. The record shows that prior to 1966 the subject property was part of a larger parcel which was bisected north to south by Highway U.S. 89. In 1966 in connection with the construction of Interstate Highway I-19, a controlled access highway, a condemnation action was filed by the State. At the trial of that action one of the property...

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