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STATE v. CARLSON

No. 6478.

83 Ariz. 363 (1958)

321 P.2d 1025

STATE of Arizona, ex rel. Robert MORRISON, Attorney General, Appellant, v. Carl G. CARLSON and Catherine Carlson, his wife, Appellees.

Supreme Court of Arizona.

February 26, 1958.

Attorney(s) appearing for the Case

Robert Morrison, Atty. Gen., and Charles L. Hardy, Asst. Atty. Gen., for appellant.

Daniel Schimmelpfennig, Tucson, for appellees.

JOHNSON, Justice.

The state filed a complaint in condemnation to acquire land for additional right-of-way for the Tucson-Casa Grande highway.

Appellees, the Carlsons, were lessees of part of a store building under the terms of a written lease ending April 30, 1957, at a monthly rental of $85, with an option to renew the lease for an additional term of two years at a monthly rental of $112.84. The new right-of-way line cut through the Carlsons' store building...

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