City of Phoenix v. Donofrio

UDALL, Justice.

This is an appeal by the City of Phoenix, hereinafter referred to as appellant, from the dismissal of its amended complaint by the Superior Court of Maricopa County. Appellant filed a complaint in eminent domain on March 29, 1963. Upon motion to dismiss for failure to state a claim, the complaint was dismissed on May 24, 1963 with leave to amend within twenty days. Appellant filed an amended complaint on June 13, 1963, and the amended complaint was dismissed for failure to state a claim on December 23, 1963. Judgment was entered thereon June 1, 1964, and Notice of Appeal was…