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GARDINER v. HENDERSON

No. 9316.

103 Ariz. 420 (1968)

443 P.2d 416

Mary Jane GARDINER, as Executrix of the Estate of Laurabel Gardiner, Deceased, Petitioner, v. The Honorable Laurens L. HENDERSON, Judge of the Superior Court of Maricopa County, Respondent; CITY OF PHOENIX, a municipal corporation, Real Party in Interest.

Supreme Court of Arizona. In Banc.

July 16, 1968.

Attorney(s) appearing for the Case

Moore, Romley, Kaplan, Robbins & Green, by Elias M. Romley, Phoenix, for petitioner.

Robert J. Backstein, City Atty., Allen K. Polley, Asst. City Atty., and Dow Ben Roush, Sp. Counsel, City of Phoenix, for respondent and real party in interest.

The League of Arizona Cities and Towns by J. LaMar Shelley, Gen. Counsel, amicus curiae.

Salt River Project Agricultural Improvement and Power Dist. by Jennings, Strouss, Salmon & Trask, by Hamilton E. McRae III, Phoenix, amici curiae.

City of Scottsdale, by Richard R. Filler, City Atty., amicus curiae.

City of Mesa, by J. LaMar Shelley, City Atty., amicus curiae.

State of Arizona, by Darrell F. Smith, former Atty. Gen., by Stanley F. Goodfarb, Sp. Asst. Atty. Gen., County of Maricopa, by Robt. K. Corbin, Maricopa County Atty., amici curiae.

UDALL, Vice Chief Justice:

This is an original proceeding for a writ of prohibition/or certiorari through which petitioner, Mary Jane Gardiner, seeks to have declared invalid an order of the Superior Court of Maricopa County permitting the City of Phoenix, the real party in interest, into immediate possession of property of petitioner. A writ of certiorari was issued by this court.

The facts involved, which are undisputed, are substantially as follows: Mary...

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