City of Phoenix v. South Bank Corp.

OPINION

B. MICHAEL DANN, Judge.

The City of Phoenix commenced this litigation to condemn 10.92 acres of land owned by the appellees Patón for a land-fill site. Just prior to the inception of the litigation the Patons had entered into a “material sales contract” with the appellant South Bank Corporation, by which South Bank obtained the right to purchase sand and gravel “in place” on the Patons’ land. The basic issue on appeal is whether South Bank had an interest in the land for which the city was required to pay compensation in the condemnation proceeding. We have concluded that the summary…