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TUCSON ELEC. POWER CO. v. ADAMS

No. 2 CA-CIV 4186.

134 Ariz. 396 (1982)

656 P.2d 1257

TUCSON ELECTRIC POWER COMPANY, an Arizona corporation, Plaintiff/Appellee, v. Eugene J. ADAMS, III, and Suzanne S. Adams, husband and wife; John R. Ferrell and Carol M. Ferrell, husband and wife; J. Michael Fromm and Georgene Fromm, husband and wife; George M. Griswold and Jean M. Griswold, husband and wife; John D. Schannep and Helen H. Schannep, husband and wife; Margery Bush, wife of Frank Bush; Robert R. Elkins and Corrine D. Elkins, husband and wife; Jean C. Baker, an unmarried woman; and Kingston J. Smallhouse and Dorothy J. Smallhouse, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

October 20, 1982.

Attorney(s) appearing for the Case

Johnson, Dowdall & Payne by J. Mercer Johnson and Jones, Dickerman, Nuckolls, Edwards & Smith, P.C. by Donald E. Dickerman, Tucson, for plaintiff/appellee.

Bolding & Zavala by Michael O. Zavala, Tucson, for defendants/appellants.

OPINION

BIRDSALL, Judge.

This appeal arises out of a condemnation action. The appellee, Tucson Electric Power Company, filed its complaint against appellants and other property owners to condemn rights to allow the appellee to construct a second 138 KV circuit over easements it had acquired in condemnation proceedings in Pima County Superior Court No. 129474 in 1974. The issue of public use and necessity was tried to the court in November, 1980, with the trial...

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