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NORTHEAST PHOENIX v. SCOTTSDALE MUN. AIRPORT

No. 1 CA-CIV 4686.

130 Ariz. 487 (1981)

636 P.2d 1269

NORTHEAST PHOENIX HOMEOWNERS' ASSOCIATION, a non-profit corporation; Everett Smith, et ux.; D.R. Greenwood, et ux.; Michael Moulds, et ux.; Everett Worfolk, et ux.; Plaintiffs-Appellants, v. SCOTTSDALE MUNICIPAL AIRPORT; the City of Scottsdale; and William C. Jenkins, Richard Campana, Herb Drink-water, Billie Gentry, Dr. Heinz Hink, Jeff Schubert and Charles Smith, as the City Council of the City of Scottsdale, Defendants-Appellees.

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

November 13, 1981.

Attorney(s) appearing for the Case

Francis G. Fleming, P.C. by Francis G. Fleming, New York City, for plaintiffs-appellants.

Richard Filler, Scottsdale City Atty. by Donald O. Loeb, Asst. City Atty., Scottsdale, for defendants-appellees.

OPINION

HAIRE, Presiding Judge.

This multiple party litigation arose out of a conflict between certain residents of Northeast Phoenix and the City of Scottsdale as the owner and operator of the Scottsdale Municipal Airport. The Northeast Phoenix Homeowners' Association is a nonprofit corporation, suing on its own behalf and that of its members. The individual plaintiffs are landowners whose homes are located under the flight path of airplanes using the airport...

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