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ARMORY PARK v. EPISCOPAL COMMUNITY SERVICES

No. 17980-PR.

148 Ariz. 1 (1985)

712 P.2d 914

ARMORY PARK NEIGHBORHOOD ASSOCIATION, a non-profit corporation, Plaintiff/Appellee, v. The EPISCOPAL COMMUNITY SERVICES IN ARIZONA, a corporation, dba St. Martin's Center, Defendant/Appellant. The EPISCOPAL COMMUNITY SERVICES IN ARIZONA, a corporation, dba St. Martin's Center, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA; Hon. Harry Gin, a judge thereof; and Armory Park Neighborhood Association, a non-profit corporation, real party in interest, Respondents.

Supreme Court of Arizona, In Banc.

August 29, 1985.

Attorney(s) appearing for the Case

Gonzales & Villarreal by Elizabeth C. Peasley, Tucson, for plaintiff/appellee.

Molloy, Jones, Donahue, Trachta & Childers, by Earl F. Daniels III, Tucson, for defendant/appellant.

FELDMAN, Justice.

On December 11, 1982, defendant Episcopal Community Services in Arizona (ECS) opened the St. Martin's Center (Center) in Tucson. The Center's only purpose is to provide one free meal a day to indigent persons. Plaintiff Armory Park Neighborhood Association (APNA) is a non-profit corporation organized for the purpose of "improving, maintaining and insuring the quality of the neighborhood known as Armory Park Historical Residential District." The Center...

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