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STATE EX REL. MILLER v. SUPERIOR COURT

No. CV-88-0401-PR.

159 Ariz. 567 (1989)

769 P.2d 1013

STATE of Arizona, ex rel., Charles L. MILLER, Director, Department of Transportation, Petitioner, v. SUPERIOR COURT OF MARICOPA COUNTY; Mark W. Armstrong, Judge of the Superior Court, Respondents. James A. DINGMAN, husband of Judith A. Dingman, as his sole and separate property, Real Party in Interest.

Supreme Court of Arizona.

January 12, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Leonardo L. Ruiz, Joe Acosta, Jr., Asst. Attys. Gen., Phoenix, for petitioner.

Dushoff & McCall by Dale S. Zeitlin, Phoenix, for real party in interest.

FELDMAN, Vice Chief Justice.

In this condemnation case, the court of appeals held that the landowner could discover the appraisal report of the state's retained expert because that expert was expected to testify at trial. State ex rel. Miller v. Superior Court, 159 Ariz. 21, 764 P.2d 756 (1988).

The state petitioned for review, arguing that...

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