City of Phoenix v. Superior Court

FELDMAN, Justice.

Petitioner (the City) brings this special action proceeding alleging that the respondent trial judge acted in excess of his authority and jurisdiction or abused his discretion in a condemnation action by denying the City’s application for immediate possession of land owned or possessed by the real parties in interest (property owners). Finding that the petition presented important questions of general public interest and that there is no remedy by appeal, we accepted jurisdiction. We have such jurisdiction under Ariz. Const, art. 6, § 5, and Ariz.R.Sp.Act. 4, 17A A.R.S.

The…