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  5. 33 Cal.Rptr.3d 912 (2005)
 

HARLAN v. DEPARTMENT OF TRANSP.

No. F045339.

33 Cal.Rptr.3d 912 (2005)

132 Cal.App.4th 868

Floyd L. HARLAN, Individually and as Trustee, etc. et al., Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Appellant.

Court of Appeals of California, Fifth District.

September 13, 2005.

Attorney(s) appearing for the Case

Wild, Carter & Tipton and Steven E. Paganetti, Fresno, for Plaintiffs and Appellants.

Bruce A. Behrens, Chief Counsel, Brelend C. Gowan, Deputy Chief Counsel, Richard B. Williams, Assistant Chief Counsel, Maxine F. Ferguson, San Francisco, and O.J. Solander, Sacramento, for Defendant and Appellant.

Certified for Partial Publication.*

OPINION

WISEMAN, J.

This case involves a dispute between a landowner and the state regarding the terms of an agreement under which the state took possession of land to build highway improvements. The landowner, a farmer, sued to enforce a provision he contends required the state to build an underpass beneath the improved highway to link parts of his farm on both sides of the road—...

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