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WHITESTONE v. TOWN OF SOUTH TUCSON

2 CA-CIV 118.

2 Ariz. App. 494 (1966)

410 P.2d 116

G. Sheldon WHITESTONE, John Arthur Whitestone, Margaret Whitestone Taylor, Gladys Whitestone Pitts, Dorothy Whitestone Long, and Robert Norman Whitestone, Appellants, v. The TOWN OF SOUTH TUCSON, a municipal corporation, Appellee.

Court of Appeals of Arizona.

Rehearing Denied March 8, 1966.

Review Denied April 5, 1966.

Attorney(s) appearing for the Case

Gene Karp and Leonard Karp, Tucson, for appellants.

Manuel H. Garcia, Tucson, for appellee.

MOLLOY, Judge.

The Town of South Tucson, a municipal corporation, instituted condemnation proceedings against the defendants' vacant property in December 1963, for the purpose of developing a public park thereon. A jury trial resulted in a verdict awarding defendants $50,500.00 damages for the taking. Thereafter, the plaintiff moved to dismiss the complaint and vacate the judgment, or in the alternative, moved for a new trial, or in the alternative, moved for a remittitur...

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