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PIMA COUNTY v. TESTIN

No. 2 CA-CV 91-0253.

173 Ariz. 117 (1992)

840 P.2d 293

PIMA COUNTY, a body politic, Plaintiff/Appellant, v. Joseph Morand TESTIN and Angela M. Testin, Defendants/Appellees.

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

Review Denied December 1, 1992.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Redhair by S. Thomas Chandler, Tucson, for plaintiff/appellant.

Leonard, Felker, Altfeld, Nix & Krigbaum by David H. Nix and Margaret A. Krigbaum, Tucson, for defendants/appellees.

OPINION

DRUKE, Judge.

This appeal from the trial court's granting of summary judgment questions the obligation for rent of a holdover tenant upon the expiration of a commercial lease. The following basic facts are not in dispute.

In June 1985, Joseph Testin and Angela Testin (Testin) sold the property upon which they had operated a mobile home park for many years to Pima County for $511,000. To offset what Testin believed was a below-market purchase...

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