City of Scottsdale v. Church of Holy Cross Lutheran

OPINION

JACOBSON, Presiding Judge.

The major issue in this appeal is whether a landowner is entitled, in a condemnation proceeding, to damages based upon the thwarting of its future plans involving the remainder of its property following a partial taking.

This action was commenced by the appellee, City of Scottsdale, (City) seeking to condemn 2.765 acres belonging to appellant, Church of the Holy Cross Lutheran (Church). Following an uncontested hearing which determined that the City’s taking was one of “public use and necessity” the only matter remaining to be litigated was the amount required…