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BAILEY v. MYERS

No. 1 CA-SA 02-0108.

76 P.3d 898 (2003)

206 Ariz. 224

Randall E. BAILEY and Melissa M. Bailey, husband and wife, Dale I. Bailey and Janet L. Bailey, husband and wife, Petitioners, v. The Honorable Robert D. MYERS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, City of Mesa, a municipal corporation, Real Party in Interest.

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

October 1, 2003.

Attorney(s) appearing for the Case

Institute for Justice, Arizona Chapter By Timothy D. Keller, Thomas P. Liddy and Clint Bolick, Phoenix, Attorneys for Petitioner.

Mesa City Attorney's Office By Joseph Padilla and Nancy E. Campbell, Mesa, Attorneys for Real Party In Interest.

OPINION

GEMMILL, Judge.

¶ 1 Randall E. Bailey, Melissa M. Bailey, Dale I. Bailey, and Janet L. Bailey operate a family business known as Bailey's Brake Service on property they own in the City of Mesa ("City"). The Baileys seek special-action relief from the trial court's ruling that the City's condemnation of the Bailey property for a redevelopment project is constitutional and that the City is entitled to immediate possession of the property. The...

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