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FLOOD CONTROL DIST. OF MARICOPA CTY. v. CONLIN

No. 1 CA-CIV 7197.

148 Ariz. 66 (1985)

712 P.2d 979

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a municipal corporation and political subdivision of the State of Arizona, Plaintiff-Appellant, v. Robert D. CONLIN and Debra K. Conlin, his wife; David A. Conlin, Jr., and Anne L. Conlin, his wife; Continental Service Corporation, an Arizona corporation as Trustee under Trust # 95936, Defendants-Appellees.

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

December 31, 1985.

Attorney(s) appearing for the Case

Larry J. Richmond, Ltd. by Larry J. Richmond, Clare H. Abel, and Fennemore, Craig, von Ammon, Udall & Powers, P.C. by James Powers, Phoenix, for plaintiff-appellant.

Burch & Cracchiolo, P.C. by Frank Haze Burch, Bryan F. Murphy, Phoenix, for defendants-appellees.

OPINION

FROEB, Chief Judge.

This appeal arises from an independent action brought pursuant to rule 60(c), Arizona Rules of Civil Procedure (hereinafter rule 60(c)).1 Appellant, Flood Control District of Maricopa County (Flood Control), brought this action seeking an order vacating the final judgment in an earlier condemnation action. On motion of the appellees, the trial court dismissed the action for lack of jurisdiction

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