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CITY OF TUCSON v. TRANSAMERICA TITLE INS. CO.

No. 2 CA-CIV 1936.

26 Ariz. App. 42 (1976)

545 P.2d 1004

CITY OF TUCSON, a Municipal Corporation, Appellant, v. TRANSAMERICA TITLE INSURANCE COMPANY OF ARIZONA, an Arizona Corporation, as Trustee under Trust No. 27,281, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 17, 1976.

Review Denied April 6, 1976.

Attorney(s) appearing for the Case

James D. Webb, Tucson City Atty. by J. Dan O'Neill, Deputy City Atty., Tucson, for appellant.

Rees, Mercaldo & Smith, P.C. by Paul G. Rees, Jr., Tucson, for appellee.

OPINION

HOWARD, Chief Judge.

This is a simple inverse eminent domain case which has been unduly complicated by the parties' counsel and trial court. As a result of failing to follow construction plans, the City caused a drainage channel to be cut diagonally across 10 unimproved acres located at the northwest corner of East Valencia Road and South Tucson Boulevard. Appellee then filed this lawsuit for trespass, interference with ingress and egress, and inverse...

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