HAMMER v. CITY OF TUCSON

No. 2 CA-CIV 1971.

26 Ariz. App. 229 (1976)

547 P.2d 500

Barbara Mettler HAMMER, Appellant, v. The CITY OF TUCSON, a Municipal Corporation, Appellee.

Court of Appeals of Arizona, Division 2.

March 26, 1976.


Attorney(s) appearing for the Case

Murphy, Vinson & Hazlett by James M. Murphy, Tucson, for appellant.

James D. Webb, Tucson City Atty., Tucson, Gust, Rosenfeld, Divelbess & Henderson by Fred W. Rosenfeld, Phoenix, for appellee.


OPINION

HOWARD, Chief Judge.

Appellant filed an action in the superior court to void a special assessment on her property. The trial court granted the City's motion for summary judgment and appellant contends that summary judgment was improper since there remained factual issues as to whether her property was in fact benefited by the construction which formed the basis of the assessment.

The record discloses that appellee initiated paving improvements...

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