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CITY OF PHOENIX v. McCULLOUGH

No. 1 CA-CIV 2340.

24 Ariz. App. 109 (1975)

536 P.2d 230

CITY OF PHOENIX, a Municipal Corporation, Appellant, v. O.K. McCULLOUGH and Mary McCullough, his wife, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied August 8, 1975.

Review Denied October 14, 1975.

Attorney(s) appearing for the Case

Flynn, Kimerer, Thinnes & Galbraith by Donald W. Lindholm and James E. Carter, Asst. City Atty., Phoenix, for appellant.

Dushoff & Sacks by Jay Dushoff, Phoenix, for appellees.

OPINION

JACOBSON, Presiding Judge.

This appeal from a summary judgment, in essence denying to the City of Phoenix the right to condemn property for purported airport purposes, raises the following questions:

(1) Does the City of Phoenix have the power to condemn property for use as off-street parking in connection with an airport facility? (2) Must the City have funds on hand to pay for any property condemned at the time the condemnation...

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