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CITY OF PHOENIX v. SPACE DATA CORPORATION

No. 11725.

111 Ariz. 528 (1975)

534 P.2d 428

CITY OF PHOENIX, a Municipal Corporation, Appellant, v. SPACE DATA CORPORATION, an Arizona Corporation, Appellee.

Supreme Court of Arizona, In Division.

April 16, 1975.

Attorney(s) appearing for the Case

Joe R. Purcell, Phoenix City Atty., by Kent T. Reinhold, Asst. City Atty., Phoenix, for appellant.

Daughton Feinstein & Wilson by Guy C. Wilson, Phoenix, for appellee.

HAYS, Justice.

The City of Phoenix brought this action to condemn property owned and occupied by Space Data Corporation. The land is located on South 26th Street near Sky Harbor International Airport and is needed, according to Ordinance S-6461 passed by the Phoenix City Council, for "expanding, improving and extending" the airport facilities. Space Data contested the claim of public necessity contending that the proposed use did not justify an immediate taking. It...

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