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CITY OF SEDONA v. DEVOL

No. 1 CA-CV 97-0594.

993 P.2d 1142 (1999)

196 Ariz. 178

CITY OF SEDONA, an Arizona municipal corporation, Plaintiff-Appellee, v. Steven DEVOL and Marye Lou Devol, husband and wife; and J.C. Chisum, Trustee of the Shanti Shan Trust dated March 31, 1994; and Just Hour Trust, LLC, as Trustee of the Shanti Shan Trust dated March 31, 1994, Defendants-Appellants.

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

August 26, 1999.

Attorney(s) appearing for the Case

Michael G. Goimarac, Jon M. Paladini, Sedona, Attorneys for Plaintiff-Appellee.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by Robert V. Kerrick, Brian M. Mueller and Sylvia J. Lett, Phoenix, Attorneys for Defendants-Appellants.

OPINION

FIDEL, Judge.

¶ 1 A governmental body that initiates and abandons condemnation proceedings must, under certain circumstances, pay its adversary's attorneys' fees and costs pursuant to Ariz.Rev.Stat. Ann. ("A.R.S.") § 11-972(A). A governmental body that initiates or abandons such proceedings in bad faith must pay its adversary's fees and costs pursuant to the common law established in State ex rel. Morrison v. Helm,

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