CITY OF TUCSON v. FARNESS

No. 2 CA-CIV 1081.

19 Ariz. App. 458 (1973)

508 P.2d 345

The CITY OF TUCSON, a municipal corporation, Appellant, v. Kathleen King Flynn FARNESS, Executrix of the Estate of O.J. Farness, Deceased, and Kathleen King Flynn Farness, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 25, 1973.

Review Denied May 29, 1973.


Attorney(s) appearing for the Case

Herbert E. Williams, City Atty. by J. Dan O'Neill, Tucson, for appellant.

Stubbs & Stephens, P.C. by Robert C. Stubbs and James C. Stephens, Tucson, for appellee.


HOWARD, Judge.

Pursuant to Resolutions Nos. 7399 and 7950, appellant undertook certain improvements under the provisions of Title 9, Chapter 6, Articles 2, 3 Arizona Revised Statutes. The proposed improvements called for, inter alia, the widening of Grant Road in Tucson, Arizona. To accomplish this purpose, appellant filed this eminent domain action to secure an additional twenty feet of unimproved land along the front of appellee's property.

The appellee...

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