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WEITZ v. DAVIS

2 CA-CIV 179.

4 Ariz. App. 209 (1966)

419 P.2d 113

Herman WEITZ, Sofia Weitz, and Belle Berenstein, Appellants, v. Lew DAVIS, individually, and as Mayor of the City of Tucson, James Kirk, Thomas J. Rallis, James M. Corbett, Jr., M.J. Southard, Kirk Storch and G. Freeman Woods, individually and as members of the City Council of the City of Tucson, V.M. TREGONIS, individually and as City Engineer of the City of Tucson, and the City of Tucson, a municipal corporation, Appellees. Samuel O. WITT and Winifred Q. Witt, his wife, Appellants, v. CITY OF TUCSON, a municipal corporation, Appellee. Herman WEITZ, Sofia Weitz, Belle Berenstein, and Shopping Centers, Inc., an Arizona corporation, Appellants, v. Lew DAVIS, individually and as Mayor of the City of Tucson, James Kirk, Thomas J. Rallis, James M. Corbett, Jr., M.J. Southard, Kirk Storch and G. Freeman Woods, individually and as members of the City Council of the City of Tucson, V.M. Tregonis, individually and as City Engineer of the City of Tucson, and the City of Tucson, a municipal corporation, Appellees.

Court of Appeals of Arizona.

Rehearing Denied October 27, 1966.

Review Granted November 29, 1966.

Attorney(s) appearing for the Case

Lesher, Scruggs, Rucker, Kimble & Lindamood, by D. Thompson Slutes, Tucson, for appellants.

Gordon S. Kipps, City Atty., Dwight E. Eller, Asst. City Atty., Tucson, for appellees.

MOLLOY, Judge.

This is an appeal from judgments rendered in favor of the defendant, City of Tucson, in three civil actions consolidated for trial, in which actions the plaintiffs are challenging the assessment methods of the City of Tucson in connection with public improvements.

The improvements concerned in these cases are the pavement, widening and and drainage along East Broadway and along Wilmot Road, two main arteries of the defendant-city. The original...

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