Donofrio and City of Mesa v. Smith Co. of Arizona, Inc
In Donofrio and City of Mesa v. Smith Co. of Arizona, Inc., 169 Ariz. 42, 816 P.2d 939 (App. 1991), the Court held 12-1111(3) did not empower a city to condemn property for use as a cemetery. Smith, 169 Ariz. at 44.
The city argued that because other statutes allow Arizona cities to own and operate cemeteries, 12-1111(3) must be construed to allow them to use the power of eminent domain to acquire property for cemeteries. Id.
The Court rejected the city's argument as ignoring the statutory limits on the delegation of condemnation power. Id.