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CITY OF PHOENIX v. JOHNSON

No. 1 CA-CV 07-0756.

204 P.3d 447 (2009)

CITY OF PHOENIX, a municipal corporation, Plaintiff/Appellant, v. Lynn A. JOHNSON, an unmarried woman, Defendant/Appellee.

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

March 3, 2009.

Attorney(s) appearing for the Case

Gust Rosenfeld, P.L.C. by Richard A. Segal, David A. Pennartz, Phoenix, Attorneys for Plaintiff/Appellant.

Martin & Bell, L.L.C. by Douglas G. Martin, Adam G. Breeze, Phoenix, Attorneys for Defendant/Appellee.

OPINION

BARKER, Judge.

¶ 1 This matter deals with the condemnation of property by the City of Phoenix ("the City") for land acquired in the development of the City's light rail transit system. We hold that the right to payment under Arizona Revised Statutes ("A.R.S.") section 12-1127(B) (2003) is not subject to the automatic stay provision of Arizona Rule of Civil Procedure ("Rule") 62(g).

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