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CITY OF PHOENIX v. HARNISH

No. 1 CA-CV 05-0023.

150 P.3d 245 (2006)

CITY OF PHOENIX, a municipal corporation, Plaintiff/Appellee, v. Sherry A. HARNISH, an unmarried woman, Defendant/Appellant.

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

December 28, 2006.

Attorney(s) appearing for the Case

Ayers & Brown PC By Charles K. Ayers, Melinda A. Bird, Phoenix, Attorneys for Plaintiff/Appellee.

Mariscal Weeks McIntyre & Friedlander PA By James T. Braselton, Michael S. Rubin, Charles H. Oldham, Phoenix, Attorneys for Defendant/Appellant.

OPINION

GEMMILL, Judge.

¶ 1 Sherry A. Harnish appeals the trial court's order granting the City of Phoenix's application for immediate possession of her real property. Harnish argues that the trial court improperly interpreted Arizona Revised Statutes ("A.R.S.") section 9-511 (1996) to allow the City to exercise its power of eminent domain beyond its territorial limits by taking her property for use as a nature preserve. Because we conclude that the...

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