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GEAR v. CITY OF PHOENIX

No. 7085.

93 Ariz. 260 (1963)

379 P.2d 972

Robert L. GEAR, also known as Robert Lee Gear, a divorced man, Appellant, v. CITY OF PHOENIX, a municipal corporation, Appellee.

Supreme Court of Arizona. In Division.

March 27, 1963.

Attorney(s) appearing for the Case

Bayham & Huffsteter, Phoenix, for appellant.

Merle L. Hanson, present City Atty., John R. Franks, former City Atty., Leven B. Ferrin, Patrick E. Burke and Ben C. Pearson, Asst. City Attys., Roush & Kamps, Phoenix, of counsel, for appellee.

JENNINGS, Justice.

In 1958 the City of Phoenix (appellee), pursuant to a city ordinance authorizing and directing the widening of north Seventh Street, instituted proceedings to condemn the west seven feet of a lot owned by Robert L. Gear (appellant). Pursuant to stipulation the appellee posted an $8,000 bond and took immediate possession. The matter was subsequently tried before a jury and appellant received a verdict of $2,200 upon which judgment was entered. Appellant...

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