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STATE EX REL. MILLER v. DAWSON

No. CV-92-0413-SA.

175 Ariz. 610 (1993)

858 P.2d 1213

STATE of Arizona, ex rel. Charles L. MILLER, Director, Department of Transportation, Petitioner, v. Honorable Edward L. DAWSON, a Judge of the Gila County Superior Court; Ben N. McGowen, H. Gail Knuckey, and the Gila County Treasurer, real parties in interest, Respondents.

Supreme Court of Arizona, En Banc.

September 2, 1993.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Bryan B. Perry and Robert J. Sokol, Asst. Attys. Gen., Phoenix, for petitioner.

Meyer, Hendricks, Victor, Osborn & Maledon by Robert V. Kerrick and G. Murray Snow, Phoenix, for real parties in interest McGowen and Knuckey.

Joe Albo, Jr., Gila Co. Atty., Globe, for Gila County Treasurer.

OPINION

MOELLER, Vice Chief Justice.

FACTS

Respondents and real parties in interest Ben N. McGowen and H. Gail Knuckey (McGowen) filed a complaint in inverse condemnation in the Gila County Superior Court against petitioner, the State of Arizona (state). The amended complaint sought damages for a taking of McGowen's land along State Route 288 between Globe and Young, Arizona, as...

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