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FLOOD CONTROL DIST. OF MARICOPA CTY. v. HING

No. 1 CA-CIV 7171.

147 Ariz. 292 (1985)

709 P.2d 1351

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a municipal corporation and a political subdivision of the State of Arizona, Plaintiff-Appellee, v. Robert Ong HING and Alice Y. Hing, his wife; H. Wendell Hobbs and Elinor Hobbs, his wife; Stewart Title & Trust of Phoenix, an Arizona corporation; Scottsdale Racquet Club, Inc., an Arizona corporation; First Federal Savings and Loan Association, a federal corporation; Unknown Owners; Unknown Heirs of the Above-Named Parties, if Deceased, Defendants-Appellants.

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

Review Denied November 13, 1985.

Attorney(s) appearing for the Case

Reed, Goldstein & Ayers, P.C. by Michael A. Graham, Phoenix, for plaintiff-appellee.

Wentworth, Lundin, Stockton & Hing by John Lundin, Robert Ong Hing and Dari S. Hing, Scottsdale, for defendants-appellants.

OPINION

CONTRERAS, Judge.

This appeal arises in an action to condemn property in order to construct an interceptor channel as part of the Lower Indian Bend Wash Flood Control Project. The defendants challenge the valuation date, the condemnation award, and the trial court's refusal to award attorney's fees and expert witness fees. We are also presented with the constitutionality of A.R.S. § 12-1127(B) (1982) which mandates that payment to a condemnee...

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