CITY OF TUCSON v. MELNYKOVICH

No. 2 CA-CIV 637.

10 Ariz. App. 145 (1969)

457 P.2d 307

The CITY OF TUCSON, a municipal corporation, Appellant, v. Michael MELNYKOVICH, Appellee.

Court of Appeals of Arizona.

Rehearing Denied September 5, 1969.

Review Denied October 21, 1969.


Attorney(s) appearing for the Case

Enos P. Schaffer, City Attorney, by J. Mercer Johnson, Special Counsel, Tucson, for appellant.

Herbert E. Williams, Tucson, for appellee.


MOLLOY, Chief Judge.

This inverse eminent domain action concerns land which was assertedly "taken" in administrative proceedings for public use in 1949, but which was not entered upon and physically used for public purposes until 1965. A host of interesting questions are raised in the briefs in this appeal from a judge-determined verdict in favor of the landowner, but we find the single question of whether or not the landowner was served with notice of the 1949 proceedings...

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