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DIXON v. CITY OF PHOENIX

No. 1 CA-CV 90-245.

173 Ariz. 612 (1992)

845 P.2d 1107

Jimmie D. DIXON and Carolyn B. Dixon, husband and wife, Plaintiffs-Appellants, v. CITY OF PHOENIX, a municipal corporation; and Aztec Construction Company, a corporation, Defendants-Appellees.

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

Reconsideration Denied September 2, 1992.

Review Denied March 2, 1993.

Attorney(s) appearing for the Case

Meyer, Vucichevich & Cimala by Henry G. Hester, Phoenix, for plaintiffs-appellants.

Roderick G. McDougall, City Atty. by Kent T. Reinhold, Asst. City Atty., Phoenix, for defendant-appellee City of Phoenix.

Robbins & Green, P.A. by Philip G. May, Phoenix, for defendant-appellee Aztec.

OPINION

LANKFORD, Judge.

This is an appeal from a judgment entered by the superior court in two consolidated cases involving the condemnation by the City of Phoenix (the "City") of a permanent easement for the construction and maintenance of a water pipeline across a portion of property belonging to Jimmie and Carolyn Dixon ("the Dixons"). The issue on appeal is whether the trial court properly excluded from the final judgment damages for the destruction...

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