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CITY OF SCOTTSDALE v. MOCHO

No. 1 CA-CIV 531.

8 Ariz. App. 146 (1968)

444 P.2d 437

The CITY OF SCOTTSDALE, Arizona, a municipal corporation, Appellant, v. Jeanne MOCHO, and Plaza Properties, Inc., aka Indian Plaza Properties, an Arizona corporation, Appellees.

Court of Appeals of Arizona.

August 19, 1968.

Attorney(s) appearing for the Case

Richard Filler, City Atty., Scottsdale, for appellant.

Shimmel, Hill, Kleindienst & Bishop, by Richard G. Kleindienst and John C. King, Phoenix, for appellee Plaza Properties, Inc.

Roe & Petsch, by Carl W. Roe, Scottsdale, for appellee Jeanne Mocho.

FRANK X. GORDON, Jr., Judge of the Superior Court.

Plaintiff Mocho (appellee) as lessee, brought suit against defendant Plaza Properties, Inc., (appellant) to rescind a lease of a portion of a tract within a platted subdivision on the grounds that defendant was not the owner of said tract. The City of Scottsdale, hereinafter called "City", was permitted to intervene since the City contends that the tract was dedicated to the general public for parking.

Plaintiff...

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