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BICKEL v. HANSEN

No. 2 CA-CV 91-0015.

169 Ariz. 371 (1991)

819 P.2d 957

Robert Bruce BICKEL and Patricia Bickel, husband and wife; and Southwest Designs By R. Bruce, Inc., an Arizona corporation, Plaintiffs/Appellees, v. Irwin H. HANSEN, Trustee of the Irwin H. Hansen Marital Trust, as created by the Irwin H. Hansen Family Trust dated December 27, 1973; James L. Hansen and Janette Pearl Prizer Hansen, husband and wife; E. Roger Hansen and Connie Marie Holbert Hansen, husband and wife; David S. Hansen and Mary Ann Gray Hansen, husband and wife; Hans V. Hansen and Karen Marcia Jeppesen Hansen, husband and wife; Don L. Hansen and Susan Denise Rupert Hansen, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied April 18, 1991.

Review Denied November 5, 1991.

Attorney(s) appearing for the Case

Colarich & Barker by Paul W. Colarich, Pinetop, for plaintiff, appellees.

Mangum, Wall, Stoops & Warden by Charles H. Apt, III, Flagstaff, for defendants, appellants.

OPINION

HOWARD, Presiding Judge.

This is an appeal from a judgment granting the condemning of a private way of necessity. The determinative issue is whether the trial court erred in finding that the appellees (Bickel) did not already have reasonable access to their property by means of an implied way of necessity. We find that it did and reverse.

FACTS

Bickel owns 20 acres of land in Navajo County, Arizona. It was originally part of a larger...

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