Bailey v. Myers

OPINION

GEMMILL, Judge.

¶ 1 Randall E. Bailey, Melissa M. Bailey, Dale I. Bailey, and Janet L. Bailey operate a family business known as Bailey’s Brake Service on property they own in the City of Mesa (“City”). The Baileys seek special-action relief from the trial court’s ruling that the City’s condemnation of the Bailey property for a redevelopment project is constitutional and that the City is entitled to immediate possession of the property. The Baileys argue that their property is being taken for a “private use” rather than a “public use” as required by the Arizona Constitution and that the…