State Ex Rel. Miller v. Tucson Associates Ltd. Partnership

OPINION

HOWARD, Judge.

This is a consolidated appeal from two condemnation cases which were consolidated for trial. The only issue is whether the trial court erred in admitting into evidence under 17A A.R.S.Rules of Evid., Rule 803(8)(C), Exhibit 60, a water resources investigation report of the United States Geological Survey published and offered for sale to the public by the Department of the Interior. The author of the report did not testify at trial.

Upon appellee’s offer to admit the report into evidence, the state objected on grounds of hearsay and improper authentication. The state…