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PIMA COUNTY v. PALOS COMPANIES UNLIMITED

No. 2 CA-CIV 4987.

140 Ariz. 481 (1984)

682 P.2d 1148

PIMA COUNTY, a body politic and corporate, Plaintiff/Appellant, and Estes Homes, Plaintiff-Intervenor/Appellant, v. PALOS COMPANIES UNLIMITED, a California corporation; Joan Choi, et vir.; and Kwan Kih Minn and Young Soo Minn, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied June 26, 1984.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by John R. Neubauer, Tucson, for plaintiff/appellant Pima County.

Miller & Pitt, P.C. by Gerald Maltz and Linda A. Drake, Tucson, for plaintiff-intervenor/appellant Estes Homes.

J. Emery Barker, Tucson, for defendants/appellees.

OPINION

HOWARD, Judge.

This is an eminent domain case involving the construction of a drainage ditch. The determinative issue is whether appellees proved severance damages. We hold that they did not.

The subject property is flat, undeveloped desert land consisting of 78 acres (parcel 6G) and a private road (parcel 8A) which led south from the property to the Irvington Road alignment. The property was zoned for a trailer park but its location in the...

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