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SALAZ v. CITY OF TUCSON

No. 2 CA-CV 87-0259.

157 Ariz. 251 (1988)

756 P.2d 348

Evaristo SALAZ, Plaintiff/Appellee/Cross-Appellant, v. CITY OF TUCSON, a municipal corporation, Defendant/Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 2, Department B.

As Corrected August 15, 1988.

Attorney(s) appearing for the Case

Barassi, Curl & Burris by David L. Curl, Tucson, for plaintiff/appellee/cross-appellant.

Frederick S. Dean, City Atty. by Tobin Rosen, Tucson, for defendant/appellant/cross-appellee.

OPINION

FERNANDEZ, Judge.

The issue on appeal in this inverse condemnation case is the propriety of the court's award of attorney's fees against the City of Tucson. On cross-appeal, the issue presented is the propriety of the court's dismissal of appellee Evaristo Salaz's cause of action against the City brought pursuant to 42 U.S.C. § 1983. We reverse the award of attorney's fees and affirm the dismissal.

This case arose out of the construction...

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