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CITY OF PHOENIX v. SOUTH BANK CORP.

No. 1 CA-CIV 5093.

133 Ariz. 90 (1982)

649 P.2d 293

CITY OF PHOENIX, a Municipal Corporation, Plaintiff-Appellee, and David M. Paton and Rose Eleanore Paton, his wife, Cross-Defendants-Appellees, v. SOUTH BANK CORPORATION, an Arizona Corporation, Defendant-Cross-Claimant-Appellant.

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

Rehearing Denied June 17, 1982.

Attorney(s) appearing for the Case

Frank E. Dickey, Jr., Leon S. Jacobs, Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Herbert A. Mallamo, and Hughes & Hughes, P.C. by Coit I. Hughes, Phoenix, for defendant-cross-claimant-appellant.

Andy Baumert III, City Atty. by Kent T. Reinhold, Asst. City Atty., Phoenix, for plaintiff-appellee.

Burch & Cracchiolo, P.A. by Frank H. Burch, Phoenix, for cross-defendants-appellees.

OPINION

B. MICHAEL DANN, Judge.

The City of Phoenix commenced this litigation to condemn 10.92 acres of land owned by the appellees Paton for a land-fill site. Just prior to the inception of the litigation the Patons had entered into a "material sales contract" with the appellant South Bank Corporation, by which South Bank obtained the right to purchase sand and gravel "in place" on the Patons' land. The basic issue on appeal is whether South Bank had an interest...

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