Gardiner v. Henderson

UDALL, Vice Chief Justice:

This is an original proceeding for a writ of prohibition/or certiorari through which petitioner, Mary Jane Gardiner, seeks to have declared invalid an order of the Superior Court of Maricopa County permitting the City of Phoenix, the real party in interest, into immediate possession of property of petitioner. A writ of certiorari was issued by this court.

The facts involved, which are undisputed, are substantially as follows: Mary Jane Gardiner, as the executrix of the estate of Laurabel Gardiner, deceased, is one of the defendants in a condemnation action pending in…