City of Flagstaff v. Babbitt

STEVENS, Judge.

An appeal was perfected to this Court from Coconino County Superior Court Cause No. 22197' and assigned this Court’s Cause No. 1 CA-CIV 458. Pending the appeal the Superior Court undertook further action in the case and a petition for a writ of prohibition was filed which was assigned this Court’s Cause No. 1 CA-CIV 633. The Superior Court was restrained from taking further action pending the decision on the appeal and the two matters were consolidated for consideration.

The basic issue involved in the appeal is whether there was a proper dedication of a portion of the land…