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CITY OF TUCSON v. SUPERIOR COURT OF PIMA CTY.

No. 2 CA-CIV 2581.

116 Ariz. 322 (1977)

569 P.2d 264

CITY OF TUCSON, a Municipal Corporation, Petitioner, v. SUPERIOR COURT OF PIMA COUNTY and The Honorable Jack G. Marks, Judge thereof, and Pima County, a body politic; Tung DONG and Wai Man Dong, husband and wife, The Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 28, 1977.

Review Denied September 15, 1977.

Attorney(s) appearing for the Case

Frederick S. Dean, Tucson City Atty. by William E. Hildebrandt, Asst. City Atty., Tucson, for petitioner.

Robert C. Stubbs & Associates, P.C. by Charles L. Townsdin, Jr., Tucson, for real parties in interest Dong.

Stephen D. Neely, Pima County Atty. by John R. Neubauer, Deputy County Atty., Tucson, for respondent Pima County.

OPINION

RICHMOND, Judge.

The petitioner, defendant in a suit instituted by the real parties in interest, seeks relief by way of special action from an order of the respondent court denying its motion for judgment on the pleadings. Since petitioner has no adequate remedy by appeal and we believe its motion should have been granted, we assume jurisdiction.

The complaint filed below against the City of Tucson and Pima County set forth three counts. The...

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