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State, Road Commission v. Mackey

Supreme Court of Utah
Oct 27, 1970
25 Utah 2 (Utah 1970)


No. 11916.

October 27, 1970.

Appeal from the Fourth District Court, Summit County, Maurice Harding, J.

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.

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 the trial court could find as he did.

Charlton v. Hackett, 11 Utah 2d 389, 360 P.2d 176; De Vas v. Noble, 13 Utah 2d 133, 369 P.2d 290.

The parties stipulated that the value of the land taken was $1,870. Hence the only issue for determination at trial was the damage, if any, to the remaining land by reason of the taking of a part thereof.

We need only to consider the testimony of the expert witnesses as set out below to determine the issues raised by this appeal:

Value before Value after Total Severance Witness taking taking Damage ------- — ---------- ----------- --------------- D-1 $309,500 $255,040 $56,660 D-2 $384,000 $332,000 $57,000 P-3 None P-4 $ 3,120

Witnesses D-1 and D-2 deducted from the value of the land after taking small amounts because of the necessity of resurveying some of the lots belonging to the landowners and relocating a small section of road.

The court apparently believed Witness P-4, as is apparent from adding the severance damage as testified to by him of $3,120 to the value of the land taken as stipulated, $1,870, because the sum of these figures gives the $4,990 which the court awarded to the landowners.

This award is supported by the evidence, and there is no basis to reverse the trial court. The judgment is, therefore, affirmed. No costs awarded.


Summaries of

State, Road Commission v. Mackey

Supreme Court of Utah
Oct 27, 1970
25 Utah 2 (Utah 1970)
Case details for

State, Road Commission v. Mackey

Case Details

Full title:STATE of Utah, By and Through its ROAD COMMISSION, Plaintiff and…

Court:Supreme Court of Utah

Date published: Oct 27, 1970


25 Utah 2 (Utah 1970)
475 P.2d 1022

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