City of Phoenix v. Space Data Corporation

HAYS, Justice.

The City of Phoenix brought this action to condemn property owned and occupied by Space Data Corporation. The land is located on South 26th Street near Sky Harbor International Airport and is needed, according to Ordinance S-6461 passed by the Phoenix City Council, for “expanding, improving and extending” the airport facilities. Space Data contested the claim of public necessity contending that the proposed use did not justify an immediate taking. It subsequently moved for summary judgment based on affidavits, memoranda and deposition testimony. The motion was granted and the…