City of Scottsdale v. Paradise Valley Water Co.

JACOBSON, Presiding Judge.

In this appeal, we consider whether the trial court erred in determining that the City of Scottsdale (City) acted in bad faith in abandoning its condemnation suit against the Paradise Valley Water Company (Water Company), thus entitling the Water Company its litigation expenses.

This is the second appeal in this matter. In the first appeal, City of Scottsdale v. Paradise Valley Water Co. (memorandum decision, 1 CA-CIV 4876, 1981) we held that a factual issue was presented as to whether the City’s abandonment of the condemnation proceedings was in bad faith and…