Pima County v. Bilby

BERNSTEIN, Justice.

This is an appeal by Pima County (hereinafter called the “County”) from an order granting the motion of plaintiff-appellee (hereinafter called the “plaintiff”) for a new trial and vacating the verdict and judgment in favor of the County.

Plaintiff is the owner of two parcels of land located in Pima County on the Southwest corner of Pima Avenue and Alvernon Way. A gasoline service station is operated on the corner parcel by third parties under a lease from plaintiff; the adjoining parcel is vacant and unimproved. Prior to 1954 Alvernon Way was a paved two-lane street with…