All American Pipeline Co. v. Klump

OPINION

LIVERMORE, Presiding Judge.

Appellant, All American Pipeline Company, instituted an eminent domain action against appellee, Wayne Klump, to acquire an easement for a petroleum pipeline as permitted by A.R.S. § 12-1111(17). This action, filed on August 6, 1985, was dismissed by appellant on April 14, 1986. This appeal questions the award to appellee of $49,919.71 for litigation expenses and attorneys' fees. We reverse.

Appellee first seeks to sustain the award under the provisions of A.R.S. § 11-972(A). That section reads:

The court having jurisdiction of a proceeding instituted by an…