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TOVREA v. TRAILS END IMP. ASS'N

No. 2 CA-CIV 3724.

130 Ariz. 108 (1981)

634 P.2d 396

Edward A. TOVREA, Jr., a single man; John W. Teal, a single man; and Stephen B. Brinkerhoff, a single man, Plaintiffs/Appellants/Cross Appellees, v. TRAILS END IMPROVEMENT ASSOCIATION, an Arizona Corporation; Jack E. Frecker and Barbara E. Frecker, husband and wife; Outpost Nurseries, Inc.; Stephen Byers; William McReynolds and Sandra McReynolds, husband and wife; and Richard Hansing, Defendants/Appellees/Cross Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 15, 1981.

Review Denied September 15, 1981.

Attorney(s) appearing for the Case

Schorr, Leonard & Felker, P.C. by Franklin O. Eldridge, Tucson, for plaintiffs/appellants/cross appellees.

Stubbs & Townsdin, P.C. by Robert C. Stubbs, Tucson, Gerard Anderson, Tucson, for defendants/appellees/cross appellants.

OPINION

HOWARD, Judge.

Appellants' action in the trial court was for a private way of necessity pursuant to A.R.S. Sec. 12-1201 et seq. The determinative issue is whether a private party, exercising the power of eminent domain to acquire a private way of necessity, is bound by the zoning ordinances.

The record shows that appellants are engaged in a joint venture for the construction and maintenance of a communications facility for the receipt and transmission...

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