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POINTE RESORTS, INC. v. CULBERTSON

No. CV-86-0470-AP.

156 Ariz. 158 (1987)

750 P.2d 1361

The POINTE RESORTS, INC., an Arizona corporation; and Gosnell Development Corporation, an Arizona corporation, Plaintiffs/Appellees, v. Donna CULBERTSON, in her official capacity as Clerk of the City of Phoenix; Alex Cordova, in his official capacity as Deputy Clerk of the City of Phoenix; and The City of Phoenix, a body politic, Defendants, and Ruth Hamilton; Charles M. Monroe; and Dora Quesada, Defendants/Cross-Claimants/Appellants.

Supreme Court of Arizona.

As Modified on Motion for Clarification February 25, 1988.

Attorney(s) appearing for the Case

Gammage & Burnham by Richard K. Mahrle, Karen L. Schroeder, Grady Gammage, Jr., Phoenix, for plaintiffs/appellees.

Cox and Cox by Z. Simpson Cox, William R. Hobson, Robert E. Yen, Phoenix, for defendants/cross-claimants/appellants Hamilton, Monroe and Quesada.

Roderick G. McDougall, Phoenix City Atty., Larry F. Felix, Asst. Phoenix City Atty., Phoenix, for City of Phoenix.

GORDON, Chief Justice.

On March 26, 1986, the Phoenix City Council adopted Ordinance No. S 16367, authorizing the city manager or his designee "to enter into an agreement and execute necessary documents to effect a trade of 29 acres of City-owned land located at the southeast edge of South Mountain Park ... for 34 acres of land owned by Gosnell Development Corporation [GDC] which adjoin South Mountain Park...." The ordinance required GDC to donate the 29 acres back...

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