Legal Opinion

Defnet Land & Investment Co. v. State Ex Rel. Herman

Court of Appeals of Arizona

Decided February 22, 1971No. 1 CA-CIV 1271PublishedCited by 7 opinions

1Opinion of the Court

HOWARD, Judge.

The first trial in this action resulted in a reversal by the Arizona Supreme Court. Defnet Land & Investment Co. v. State ex rel. Herman, 103 Ariz. 388, 442 P.2d 835 (1968). This is an appeal from the retrial and presents the following questions: (1) Did the evidence show special benefit? (2) Did the State’s expert appraiser lay a sufficient foundation for its evidence as to special benefits ? (3) Is evidence of a special benefit admissible without such issue being pled or raised in pretrial procedures ?

This condemnation grew out of the conversion of U. S. 66 to U. S. Interstate…

2Cases cited26 opinions

  1. People Ex Rel. Department of Public Works v. SilveiraCalifornia Court of Appeal · 1965
  2. State Ex Rel. State Highway Commission v. Vorhof-Duenke Co.Supreme Court of Missouri · 1963
  3. State Highway Commission v. BaileyOregon Supreme Court · 1957
  4. Platte Valley Public Power & Irrigation District v. ArmstrongNebraska Supreme Court · 1955
  5. People v. ThomasCalifornia Court of Appeal · 1952

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3Cited by7 opinions

  1. Illinois State Toll Highway Authority v. Heritage Standard Bank & Trust Co.Appellate Court of Illinois · 1990
  2. Department of Revenue v. Transamerica Title InsuranceCourt of Appeals of Arizona · 1977
  3. State Ex Rel. Miller v. FillerArizona Supreme Court · 1991
  4. Mastick v. StateCourt of Appeals of Arizona · 1978
  5. City of Tucson v. RuelasCourt of Appeals of Arizona · 1973

2 more not listed; retrieve them via the Exa API.

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