TUCSON AIRPORT AUTHORITY v. FREILICH

No. 2 CA-CIV 4220.

136 Ariz. 285 (1982)

665 P.2d 1007

TUCSON AIRPORT AUTHORITY, an Arizona non-profit corporation, Plaintiff/Appellant/Cross Appellee, v. Albert FREILICH, Albert Freilich, as Trustee of Testamentary Trust of Hannah Freilich, deceased, Defendant/Appellee/Cross Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 24, 1982.

Review Granted September 9, 1982.


Attorney(s) appearing for the Case

Bilby, Shoenhair, Warnock & Dolph, P.C., by James F. Morrow, Tucson, for plaintiff/appellant/cross appellee.

Stubbs & Townsdin, P.C. by Robert C. Stubbs and G. Lawrence Schubart, Tucson, for defendant/appellee/cross appellant.


OPINION

HOWARD, Chief Judge.

This is an appeal and cross-appeal in an eminent domain proceeding. The trial court, sitting without a jury, awarded appellee $553,630 for the land taken (a total take) plus interest at the legal rate of 10% per annum dating from the entry of an order for immediate possession.

The subject property consisted of 158.18 acres of unimproved desert land and was located next to Ryan Field in Pima County. The landowner's representative...

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