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CITY OF SCOTTSDALE v. CHURCH OF HOLY CROSS

No. 1 CA-CIV 4995.

132 Ariz. 416 (1982)

646 P.2d 301

CITY OF SCOTTSDALE, Plaintiff-Appellee, v. CHURCH OF THE HOLY CROSS LUTHERAN, an Arizona corporation, Defendant-Appellant.

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

Rehearing Denied May 12, 1982.

Review Denied June 15, 1982.

Attorney(s) appearing for the Case

Richard Filler, Scottsdale City Atty. by Patrick E. Burke, Asst. City Atty., Scottsdale, for plaintiff-appellee.

Machmer, Schlosser & Meitz, Ltd. by Robert H. Schlosser and Robert E. Siesco, Jr., Phoenix, for defendant-appellant.

OPINION

JACOBSON, Presiding Judge.

The major issue in this appeal is whether a landowner is entitled, in a condemnation proceeding, to damages based upon the thwarting of its future plans involving the remainder of its property following a partial taking.

This action was commenced by the appellee, City of Scottsdale, (City) seeking to condemn 2.765 acres belonging to appellant, Church of the Holy Cross Lutheran (Church). Following an uncontested hearing...

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