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CITY OF TUCSON v. EL RIO WATER COMPANY

No. 8501.

101 Ariz. 49 (1966)

415 P.2d 872

CITY OF TUCSON, a municipal corporation, Appellant, v. EL RIO WATER COMPANY, a corporation, Appellee.

Supreme Court of Arizona, In Banc.

June 22, 1966.

Attorney(s) appearing for the Case

Calvin Webster, City Atty., Joe R. Purcell, Asst. City Atty., Tucson, Dow Ben Roush, Allen L. Feinstein, Phoenix, of counsel, for appellant.

Boyle, Bilby, Thompson & Shoenhair, Tucson, for appellee.

STRUCKMEYER, Chief Justice.

This appeal is by the City of Tucson from a judgment in condemnation awarding the El Rio Water Company, a corporation, the sum of $271,000 as the value of its utility properties. The single issue raised by the City is the propriety of the award insofar as it relates to the going concern value of the utility.

By the Constitution of Arizona, Art. 2, § 17, A.R.S., "just compensation" must be paid for property appropriated; and...

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