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WHITECO INDUSTRIES v. CITY OF TUCSON

No. 2 CA-CV 90-0156.

168 Ariz. 257 (1990)

812 P.2d 1075

WHITECO INDUSTRIES, INC., an Indiana corporation, Plaintiff/Appellee, v. CITY OF TUCSON, a municipal corporation, Defendant/Appellant.

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

Review Denied July 16, 1991.

Attorney(s) appearing for the Case

Lewis and Roca by Susan M. Freeman, John N. Iurino and Gary Dukarich, Tucson, for plaintiff/appellee.

Frederick S. Dean, City Atty. by Tobin Rosen, Tucson, for defendant/appellant.

OPINION

LACAGNINA, Judge.

The City of Tucson appeals from a condemnation judgment for damages in favor of a billboard owner in the amount of $67,200 plus $20,000 attorneys' fees, as the value of two billboards removed from land acquired by the city in furtherance of a roadway project. The city argues that because the billboard owner's leases had expired, it had no legal right to maintain the billboards on the property, and therefore had no compensable legal...

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