City of Tucson v. SUPERIOR COURT OF PIMA CTY.

OPINION

RICHMOND, Judge.

The petitioner, defendant in a suit instituted by the real parties in interest, seeks relief by way of special action from an order of the respondent court denying its motion for judgment on the pleadings. Since petitioner has no adequate remedy by appeal and we believe its motion should have been granted, we assume jurisdiction.

The complaint filed below against the City of Tucson and Pima County set forth three counts. The substance of Count One was that during the mid-1950’s the plaintiffs conveyed to Pima County the south ten feet of a parcel of property adjoining…