1. Home
  2. Browse Decisions
  3. Ariz.
  4. 168 Ariz.
  5. 168 Ariz. 454 (1991)
 

CITY OF TEMPE v. FLEMING

No. 1 CA-CV 89-226.

168 Ariz. 454 (1991)

815 P.2d 1

CITY OF TEMPE, a municipal corporation, Plaintiff-Appellee, First Federal Savings & Loan Assn. of New York, Defendant-Appellee, v. John W. FLEMING, Defendant-Appellant.

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

July 18, 1991.

Attorney(s) appearing for the Case

Tempe City Attorneys Office by C. Brad Woodford and Ronald L. Dunham, Asst. City Atty., Tempe, for plaintiff-appellee.

Bosco & DiMatteo, P.C. by Carm R. Moehle, Phoenix, for defendant-appellee.

Hendrickson & Fuller by Walter J. Reynolds, Jr., Mesa, for defendant-appellant.

OPINION

CLABORNE, Judge.

John W. Fleming appeals from the grant of partial summary judgment in favor of the City of Tempe. The issue we must decide is whether A.R.S. § 12-1111(6) authorizes a municipality to abate a nuisance through eminent domain. We hold that it does not and reverse the partial summary judgment in favor of the City.

FACTUAL AND PROCEDURAL BACKGROUND

John W. Fleming and Marilyn H. Fleming (Fleming) owned a parcel of...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases