City of Phoenix v. Harnish

OPINION

GEMMILL, Judge.

¶ 1 Sherry A. Hamish appeals the trial court’s order granting the City of Phoenix’s application for immediate possession of her real property. Harnish argues that the trial court improperly interpreted Arizona Revised Statutes (“A.R.S.”) section 9-511 (1996) to allow the City to exercise its power of eminent domain beyond its territorial limits by taking her property for use as a nature preserve. Because we conclude that the State has not delegated to the City the power to condemn property outside its boundaries for this particular purpose, we reverse and remand for…