Busby v. State ex rel. Herman

HATHAWAY, Judge.

Dorrity E. Busby and Shirley K. Busby, husband and wife, appeal from an order of the superior court, Pima county, denying their motion for a new trial after entry of judgment in their favor on a jury verdict of $2,260 for realty parcels taken by the State. The sole issue submitted to the jury was the amount of compensation to be paid to the defendant property owners. The trial court instructed the jury, in substance, that the parcels involved had no access to the highway and the jury- was not to consider access rights in determining the fair market value of the property.

The…