Reese v. De Mund , 74 Ariz. 140 ( 1952 )

LA PRADE, Justice

(specially concurring).

I reluctantly concur in the disposition made of this case. I agree with the principles of law enunciated by Judge Barry, speaking for the court. The city council had the legislative power to close the alley, and its judgment, or lack of it, cannot be questioned by this court, but by concurring in the opinion I do not want it understood that I approve of the council’s action. Under guise of doing something for the betterment of the city, they have closed an alley in the heart of Phoenix dedicated for the use and benefit of all of its citizens and have given away land reasonably worth $10,000. I agree that they had the legal right to do it but I seriously question their judgment in so doing.