St. Philip's Plaza v. Noble Investment Group, LLC, 2016 WL 11603000
Aug 22, 2016OUTCOME: Motion to Dismiss Granted
Tucson, AZ
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OUTCOME: Motion to Dismiss Granted
OUTCOME: Motion for Summary Judgment Granted in Part
OUTCOME: Reversed and remanded.
Owners of land nearby lot through which dirt roadway ran brought declaratory judgment action seeking to enforce roadway easement over lot, after lot owners blocked their access to roadway. The Superior ... Court, Pima County, No. C20076040, 2009 WL 6327214, Virginia C. Kelly, J., entered summary judgment in favor of landowners. Lot owners appealed. The Court of Appeals, 223 Ariz. 330, 223 P.3d 674, affirmed. Upon grant of review on matter of statewide importance, the Supreme Court, Ryan, J., held that genuine fact issues existed, precluding summary judgment. Decision of Court of Appeals vacated; decision of Superior Court reversed; matter remanded.