No. 2 CA-CIV 2992.

122 Ariz. 325 (1979)

594 P.2d 1021

The STATE of Arizona ex rel. W.A. ORDWAY, Director, Department of Transportation, Plaintiff/Appellant, v. John F. McRAE, husband of Marie T. McRae, as his sole and separate property, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 4, 1979.

Review Denied April 24, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Albert Morgan and Samuel Ruiz, Asst. Attys. Gen., Phoenix, for plaintiff-appellant.

Stubbs & Townsdin, P.C. by Robert C. Stubbs, Tucson, for defendant-appellee.


HOWARD, Judge.

This is an action in eminent domain tried to a jury in which the only issue for determination was the amount of compensation due the landowner. The jury awarded him damages for the part taken, but did not award any severance damages. The landowner filed a motion for a new trial which was granted by the trial court on the issue of severance damages only. The State contends the trial court erred in granting the motion. We affirm.


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