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PEOPLE EX REL. DEPT. OF PUB. WKS. v. MILLER

Docket No. 7286.

231 Cal.App.2d 130 (1964)

41 Cal. Rptr. 645

THE PEOPLE ex rel. THE DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. ALVAN MILLER et al., Defendants and Respondents.

Court of Appeals of California, Fourth District.

December 10, 1964.

Attorney(s) appearing for the Case

George C. Hadley, William H. Peterson, Sherman Hollingsworth, Charles E. Spencer, Jr., Robert W. Vidor and Harry S. Fenton for Plaintiff and Appellant.

Thomas G. Baggot and Henry Wien, for Defendants and Respondents.

COUGHLIN, J.

This is an appeal by the plaintiff, the condemner, from a judgment awarding damages to the defendants Alvan Miller and Imperial Valley Neon Sign Co., Inc., condemnees, for the taking for highway purposes of 82.21 acres of land and the improvements thereon, including a .62-acre strip formerly used as a highway.

The issues on appeal are whether (1) the evidence is sufficient to support the finding of the trial court that the former use of the .62...

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