Lord v. City of Tucson

KRUCKER, Judge.

Appellant petitioner, Blaine J. Lord, sought a writ of prohibition against respondent, appellee, City of Tucson, to enjoin the city from levying and collecting assessments, and from the sale of land thereunder on the ground that the city lacked jurisdiction to confirm the assessment without having first authorized an improvement bond, A.R.S. § 9-636. The writ was denied and petitioner appeals. During the time between denial and appeal, the land was sold at auction.

The facts are somewhat confusing. On March 1, 1966, the City filed an eminent domain action to open and widen a…