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HERNANDEZ v. CITY OF PHOENIX

No. 1 CA-CIV 5071.

130 Ariz. 566 (1981)

637 P.2d 1069

Cruz HERNANDEZ, Jr. and Gabrielita Hernandez, husband and wife, Plaintiffs-Appellants, v. CITY OF PHOENIX, a municipal corporation; Margaret Hance, Mayor of the City of Phoenix; Ken O'Dell, Howard Adams, Joy Carter, Calvin C. Goode, Barry Starr, and Jim White, members of the Phoenix City Council, Defendants-Appellees.

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

Rehearing Denied November 18, 1981.

Review Denied December 15, 1981.

Attorney(s) appearing for the Case

Dushoff & Sacks by Scot C. Stirling, Phoenix, for plaintiffs-appellants.

Andy Baumert, Phoenix City Atty. by Don P. Williams, Asst. City Atty., Phoenix, for defendants-appellees.

OPINION

DONOFRIO, Judge.

This is an appeal from the final order of the trial court which dismissed the complaint of Cruz Hernandez, Jr. and Gabrielita Hernandez (plaintiffs) for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted.

Plaintiffs are the former owners of a house located in Phoenix at 1928 East Durango Street, out of which they operated a janitorial service. On this property they used outside...

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