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MORGAN v. CITY OF PHOENIX

No. 1 CA-CV 88-188.

162 Ariz. 581 (1989)

785 P.2d 101

Max T. MORGAN and Grace D. Morgan, husband and wife, Plaintiffs-Appellants, v. CITY OF PHOENIX, an incorporated municipality in the State of Arizona, Defendant-Appellee.

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

December 28, 1989.

Attorney(s) appearing for the Case

Robert J. Hommel, Glendale, for plaintiffs-appellants.

Roderick G. McDougall, City Atty. by Philip M. Haggerty, Chief Counsel, Civ. Div., and Edward E. Brogan and Michael House, Asst. City Attys., Phoenix, for defendant-appellee.

FIDEL, Judge.

In preparation for the construction of the Squaw Peak Parkway, the City of Phoenix moved and allegedly damaged a trailer belonging to plaintiffs Max and Grace Morgan. This appeal concerns the plaintiffs' unsuccessful effort to recover damages from the City. By summary judgment, the trial court rejected plaintiffs' claims that the City's failure to provide them a pre-relocation hearing and to pay them benefits violated their rights under 42 U.S.C. §...

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