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JOHNSON v. STATE OF CALIFORNIA

Docket No. 39829.

90 Cal.App.3d 195 (1979)

153 Cal. Rptr. 185

LORIS O. JOHNSON et al., Plaintiffs and Appellants, v. THE STATE OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, First District, Division Four.

March 9, 1979.

Attorney(s) appearing for the Case

COUNSEL

Morgan, Beauzay, Hammer, Ezgar, Bledsoe & Rucka, Morgan, Zazueta, Morgan, Towery, Morgan & Spector and W. Robert Morgan for Plaintiffs and Appellants.

Harry S. Fenton, John P. Horgan, Robert J. DeFea, Kenneth G. Nellis, Thomas C. Nagle and Robert R. Buell for Defendant and Respondent.

Evelle J. Younger, Attorney General, R.H. Connett and E. Clement Shute, Jr., Assistant Attorneys General, and Richard C. Jacobs, Deputy Attorney General, as Amici Curiae on behalf of Defendant and Respondent.

OPINION

CHRISTIAN, J.

Loris O. Johnson and Vonda Johnson appeal from a judgment of dismissal which was rendered after the court sustained a demurrer to their complaint for inverse condemnation.

Appellants alleged that they own property near the proposed route of the Guadalupe Freeway, a project being planned by respondent State of California. The project originated in 1960 as a proposed expressway to be

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