Cracchiolo v. State

HATHAWAY, Chief Judge.

The appellants, Mr. and Mrs. Cracchiolo, brought an action in inverse eminent domain to recover damages to their property for loss of access resulting from construction of a controlled access highway in the City of Tucson, Arizona. The cause was tried to the court, sitting without a jury, solely on the issue of liability and this appeal is from a judgment against the Cracchiolos and from the court’s order denying their motion for a new trial.

In 1948 the Arizona State Highway Commission adopted a resolution calling for the construction of the Tucson Controlled Access…