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MAZZA v. AGENCY OF TRANSP.

No. 97-130.

716 A.2d 817 (1998)

Samuel and Annette MAZZA v. AGENCY OF TRANSPORTATION.

Supreme Court of Vermont.

June 19, 1998.

Attorney(s) appearing for the Case

Thomas P. Aicher of David L. Cleary Associates, P.C., Rutland, for Plaintiffs-Appellees.

William H. Sorrell, Attorney General, and Scott A. Whitted, Assistant Attorney General, Montpelier, for Defendant-Appellant.

Before DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and MARTIN, Superior Judge, Specially Assigned.

DOOLEY, Justice.

The State of Vermont appeals from a Chittenden Superior Court condemnation award in favor of Samuel Mazza arguing that the amount awarded for business loss was improper because the business was incorporated and, therefore, was not owned by the landowner. The landowner has cross-appealed claiming: (1) the amount awarded for the land was inadequate as a matter of law; (2) the amount awarded for business loss was also inadequate as a matter of law; and...

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