(DOWNLOAD) "Morgan V. City Of Phoenix" by Arizona Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Morgan V. City Of Phoenix
- Author : Arizona Court of Appeals
- Release Date : January 28, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In preparation for the construction of the Squaw Peak Parkway, the City of Phoenix moved and allegedly damaged a trailer belonging to plaintiffs Max and Grace Morgan. This appeal concerns the plaintiffs' unsuccessful effort to recover damages from the City. By summary judgment, the trial court rejected plaintiffs' claims that the City's failure to provide them a pre-relocation hearing and to pay them benefits violated their rights under 42 U.S.C. § 1983. The trial court also granted summary judgment against plaintiffs' claims that the City converted their trailer and violated their rights under the Arizona Mobile Home Parks Residential Landlord and Tenant Act, A.R.S. §§ 33-1401 to 1491 (1987). We uphold summary judgment on all claims. We find that plaintiffs were precluded from proceeding under 42 U.S.C. § 1983 because state law provided them an adequate opportunity for relief. We find additionally that plaintiffs' state law claims were properly dismissed because they failed to comply with Arizona's notice of claim statute, A.R.S. § 12-821(A) (1984).
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