Legal Opinion

City of Tucson v. Melnykovich

Court of Appeals of Arizona

Decided July 17, 1969No. 2 CA-CIV 637PublishedCited by 9 opinions

1Opinion of the Court

MOLLOY, Chief Judge.

This inverse eminent domain action concerns land which was assertedly “taken” in administrative proceedings for public use in 1949, but which was not entered upon and physically used for public purposes until 1965. A host of interesting questions are raised in the briefs in this appeal from a judge-determined verdict in favor of the landowner, but we find the single question of whether or not the landowner was served with notice of the 1949 proceedings to be dispositive.

A plot of land owned by the appellee, Michael Melnykovich, fronts upon Speedway Boulevard in the City of…

2Cases cited19 opinions

  1. Schroeder v. City of New YorkSupreme Court of the United States · 1962
  2. Walker v. City of HutchinsonSupreme Court of the United States · 1956
  3. Hilltop Properties, Inc. v. StateCalifornia Court of Appeal · 1965
  4. Maricopa County Municipal Water Conservation Dist. No. 1 v. WarfordArizona Supreme Court · 1949
  5. In Re ForsstromArizona Supreme Court · 1934

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3Cited by9 opinions

  1. City of Tucson v. MorganCourt of Appeals of Arizona · 1970
  2. Cook v. Town of Pinetop-LakesideCourt of Appeals of Arizona · 2013
  3. Giles v. Adobe Royalty, Inc.Supreme Court of Kansas · 1984
  4. State v. CrawfordCourt of Appeals of Arizona · 1970
  5. Geronimo Hotel, Inc. v. City of TucsonCourt of Appeals of Arizona · 1978

4 more not listed; retrieve them via the Exa API.

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