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JACHIMEK v. SUPERIOR COURT

Nos. CV-91-0086-PR, CV-91-0373-AP.

169 Ariz. 317 (1991)

819 P.2d 487

William JACHIMEK and Harvard Square Associates Limited Partnership, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Frederick Martone, a judge thereof, Respondent, The CITY OF PHOENIX, Real Party in Interest. William JACHIMEK and Harvard Square Associates Limited Partnership, Plaintiffs-Appellants, v. The CITY OF PHOENIX, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

November 7, 1991.

Attorney(s) appearing for the Case

Horne, Kaplan and Bistrow Thomas C. Horne, Phoenix, for petitioners.

Roderick G. McDougall, Phoenix City Atty., Edward P. Reeder, Asst. Phoenix City Atty., Phoenix, for City of Phoenix.

Laura Speck Havens, Phoenix, for amicus curiae Consortium for the Homeless.

OPINION

GORDON, Chief Justice.

William Jachimek and Harvard Square Associates Limited Partnership (collectively Jachimek) petitioned for review of the court of appeals' order declining to accept jurisdiction over Jachimek's special action. Jachimek also filed an appeal in the court of appeals asking for review of the same issues. We transferred the appeal to the Supreme Court and consolidated it with the petition for review. We accepted jurisdiction to determine...

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