GRABER v. CITY OF PEORIA

No. 2 CA-CV 88-0094.

156 Ariz. 553 (1988)

753 P.2d 1209

Loyd E. GRABER and Clara B. Graber, his wife; Arthur E. Wright and Doreen Wright, his wife, Plaintiffs/Appellees, v. The CITY OF PEORIA, a municipal corporation, Defendant/Appellant.

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

April 14, 1988.


Attorney(s) appearing for the Case

Matthew Palenica, P.C. by Matthew Palenica, Phoenix, for plaintiffs/appellees.

Crampton, Woods, Broening & Oberg by Douglas G. Shook and Neal B. Thomas, Phoenix, for defendant/appellant.


OPINION

LACAGNINA, Chief Judge.

The City of Peoria appeals from adverse jury verdicts and judgments entered in favor of certain homeowners on their claims for private intentional nuisance. The city argues reversible error as follows:

1. The trial court improperly instructed the jury on the law of nuisance.

2. The trial court improperly excluded evidence of the homeowners' violation of a provision of the uniform building code.

3. The...

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