City of Sedona v. Devol

OPINION

FIDEL, Judge.

¶ 1 A governmental body that initiates and abandons condemnation proceedings must, under certain circumstances, pay its adversary’s attorneys’ fees and costs pursuant to Ariz.Rev.Stat. Ann. (“A.R.S.”) § 11-972(A). A governmental body that initiates or abandons such proceedings in bad faith must pay its adversary’s fees and costs pursuant to the common law established in State ex rel. Morrison v. Helm, 86 Ariz. 275, 282, 345 P.2d 202, 206 (1959).

¶ 2 We consider in this appeal an assertion that the City of Sedona abandoned proceedings against appellants when, as part of a…