STATE, ROAD COMMISSION v. MACKEY

No. 11916.

475 P.2d 1022 (1970)

25 Utah 2d 89

STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and Respondent, v. Stewart B. MACKEY, a single man, Paul H. Sherritt and Joy D. Sherritt, his wife, Ernest E. Gurr and Gwendolyn Gurr, his wife, Defendants and Appellants.

Supreme Court of Utah.

October 27, 1970.


Attorney(s) appearing for the Case

Vernon B. Romney, Atty. Gen., Carl J. Nemelka, Special Asst. Atty. Gen., Salt Lake City, for defendants-appellants.

Clyde & Mecham, Frank J. Allen, Salt Lake City, for plaintiff-respondent.


ELLETT, Justice:

This is an appeal by the landowners from a judgment by the court in a condemnation proceeding. Appellants in their brief say, "The trial court found damages in the amount of only $4,990.00, despite competent evidence of damages in excess of $50,000.00."

The question before us is not whether there was competent evidence which, if believed, would have justified a higher verdict. The question is whether there was competent evidence upon which...

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