No. 6508.

87 Ariz. 366 (1960)

351 P.2d 647

PIMA COUNTY, a body politic and corporate, Appellant, v. Ralph W. BILBY and Ralph W. Bilby, as Executor of the Estate of Marguerite Mansfield Bilby, deceased, Appellee.

Supreme Court of Arizona.

April 27, 1960.

Attorney(s) appearing for the Case

Raul H. Castro, County Atty., and Lyle R. Allen, Chief Civil Deputy County Atty., Pima County, Tucson, for appellant.

Boyle, Bilby, Thompson & Shoenhair, and Richard B. Evans, Tucson, for appellee.


This is an appeal by Pima County (hereinafter called the "County") from an order granting the motion of plaintiff-appellee (hereinafter called the "plaintiff") for a new trial and vacating the verdict and judgment in favor of the County.

Plaintiff is the owner of two parcels of land located in Pima County on the Southwest corner of Pima Avenue and Alvernon Way. A gasoline service station is operated on the corner parcel by third parties...

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