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CHURCH OF JESUS CHRIST v. SUPERIOR COURT

Nos. 2 CA-SA 0261, 2 CA-SA 0262.

148 Ariz. 261 (1985)

714 P.2d 431

The CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, and the City of Tucson, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the County of Pima and Honorable Robert Buchanan, a judge thereof, Respondents, and Susan CONNELLY, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Rehearing Denied October 16, 1985.

Review Denied February 12, 1986.

Attorney(s) appearing for the Case

Bury, Moeller & Humphrey by Marshall Humphrey, III, Tucson, for petitioner Church of Jesus Christ of Latter Day Saints.

Kimble, Gothreau, Nelson & Cannon, P.C. by Daryl A. Audilett, Tucson, for petitioner City of Tucson.

Haralson, Kinerk & Morey, P.C. by Michael E. Larkin and Denneen L. Peterson, Tucson, for real party in interest.

HATHAWAY, Presiding Judge.

These special actions have been taken from the trial court's denial of motions for summary judgment filed by the two petitioners. Since the trial court's denials of the petitioners' motions were interlocutory, non-appealable orders, see A.R.S. § 12-2101, and since these cases present no disputed issues of material fact which necessitate presention to a trier of fact, special action jurisdiction is appropriate and we grant relief.

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