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CARPET BARN v. STATE BY AND THROUGH DOT

No. 890315-CA.

786 P.2d 770 (1990)

The CARPET BARN, a Utah corporation; Kenneth MacQueen and Harla MacQueen, Plaintiffs and Appellants, v. STATE of Utah, By and Through its DEPARTMENT OF TRANSPORTATION, John Nye and John Does 1 through X, Defendants and Respondents.

Court of Appeals of Utah.

January 24, 1990.

Attorney(s) appearing for the Case

Clark W. Sessions and John F. Clark, Salt Lake City, for plaintiffs and appellants.

R. Paul Van Dam and Stephen C. Ward, Jody K. Burnett and Anne Swensen, Salt Lake City, for respondent, State.

Before GARFF, GREENWOOD and ORME, JJ.

OPINION

GREENWOOD, Judge:

Appellants, The Carpet Barn, Kenneth MacQueen, and Harla MacQueen, appeal from a final judgment in their favor for "inverse condemnation" and severance damages, and from denial of their motion for additur or, in the alternative, for a new trial. We reverse and remand.

In 1971, the MacQueens purchased the subject property at 3725 Redwood Road, in Salt Lake City. The MacQueens have...

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