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CITY OF MESA v. SMITH CO. OF ARIZONA

No. 1 CA-CV 90-061.

169 Ariz. 42 (1991)

816 P.2d 939

CITY OF MESA, a municipal corporation, Plaintiff-Appellant, Cross Appellee, v. SMITH COMPANY OF ARIZONA, INC., an Arizona corporation; George D. Smith and Cora Susan Smith, husband and wife; John D. Smith, and Karen Smith, husband and wife; James D. Smith, an unmarried man, Defendants-Appellees, Cross Appellants.

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

August 22, 1991.

Attorney(s) appearing for the Case

Neal J. Beets, Mesa City Atty. by Neal J. Beets and Charles S. Hover, III, Asst. City Atty., Mesa, for plaintiff-appellant, cross appellee.

Perry, Pierson & Kolsrud by Russell A. Kolsrud and David J. Palmer, Phoenix, for defendants-appellees, cross appellants.

OPINION

McGREGOR, Judge.

The primary issue on appeal is whether the legislature has authorized Arizona municipalities to exercise the power of eminent domain to acquire property for a city owned public cemetery. We conclude that the legislature has not authorized such use of the eminent domain power and affirm the judgment of the trial court.

I.

In June 1988, the City Council of the City of Mesa (the City) adopted a resolution declaring that...

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