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ORSETT/COLUMBIA L.P. v. SUPERIOR COURT

No. 1 CA-SA 03-0171.

83 P.3d 608 (2004)

207 Ariz. 130

ORSETT/COLUMBIA LIMITED PARTNERSHIP, an Arizona Limited Liability Partnership, Defendant/Petitioner, v. SUPERIOR COURT of the State of Arizona In and For MARICOPA COUNTY and the Honorable William J. O'Neil, Judge, Arizona Superior Court, Pinal County, Respondents, and Maricopa County, A Municipal Corporation, Plaintiff/Real Party In Interest.

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

January 29, 2004.

Attorney(s) appearing for the Case

Snell & Wilmer, L.L.P. By Christopher H. Bayley Steven D. Jerome, Phoenix, Attorneys for Defendant/Petitioner.

Thomas K. Irvine, Larry J. Wulkan, Phoenix, Attorneys for Real Party in Interest.

OPINION

HALL, Judge.

¶ 1 Does the power of eminent domain enable a county to condemn a mere leasehold interest1 in a privately-owned building? That is the question presented in this special action. Relying on In re Forsstrom, 44 Ariz. 472, 38 P.2d 878 (1934) (Forsstrom), the superior court interpreted Arizona Revised Statutes (A.R.S.) section 12-1113 (2003) to authorize Maricopa County's (County) condemnation...

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