Whitestone v. Town of South Tucson

MOLLOY, Judge.

The Town of South Tucson, a municipal corporation, instituted condemnation proceedings against the defendants’ vacant property in December 1963, for the purpose of developing a public park thereon. A jury trial resulted in a verdict awarding defendants $50,500.00 damages for the taking. Thereafter, the plaintiff moved to dismiss the complaint and vacate the judgment, or in the alternative, moved for a new trial, or in the alternative, moved for a remittitur. The trial court, in November 1964, granted dismissal of the complaint and vacation of the judgment. At the same time, the…