Choisser v. State Ex Rel. Herman

JACOBSON, Acting Presiding Judge.

The assertion of a lessee’s loss of business as an independent item of damages resulting from the state’s exercise of its power of eminent domain is presented in this appeal from a summary judgment entered in the Superior Court of Coconino County.

On April 14, 1967, plaintiff-appellee State of Arizona condemned a portion of a property known as “Truck City” located on the north side of U. S. 66 east of its intersection with U. S. 89 in East Flagstaff, Arizona. The project necessitating this acquisition was the construction of an interchange connecting U. S. 66,…