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CITY OF PHOENIX v. CLAUSS

No. 1 CA-CV 91-0621.

177 Ariz. 566 (1994)

869 P.2d 1219

CITY OF PHOENIX, a municipal corporation, Plaintiff-Appellee, v. Grace M. CLAUSS, Defendant-Appellant.

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

March 8, 1994.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Sharon K. Haynes, Asst. City Atty., Phoenix, for plaintiff-appellee.

Streich Lang, P.A. by Dan M. Durrant, Phoenix, and Leonard M. Bell, P.C. by Leonard M. Bell, Scottsdale, for defendant-appellant.

OPINION

CONTRERAS, Judge.

Defendant-Appellant Grace M. Clauss ("Appellant") appeals from a judgment awarding her $1.25 million against the City of Phoenix in an eminent domain proceeding which resulted in the taking of an eighty-nine acre parcel on the northwest end of the South Mountain range. The primary issue presented is whether the trial court erred, under the fact situation presented here, by instructing the jury not to consider any decrease or increase...

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