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THOMAS v. BAKER FAMILY TRUST

No. 1 CA-CV 96-0456.

953 P.2d 931 (1997)

191 Ariz. 187

Joe Bill THOMAS and Nancy Thomas, husband and wife, Plaintiffs-Appellants, v. The L. Kenneth and Ollie Mae BAKER FAMILY TRUST; Hall Brake Supply, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department E.

Review Denied April 21, 1998.

Attorney(s) appearing for the Case

Glynn W. Gilcrease, Jr., Tempe, for Plaintiffs-Appellants.

Jennings, Strouss & Salmon, P.L.C. by James M. Ackerman and Brad A. Denton, Phoenix, for Defendants-Appellees.

OPINION

FIDEL, Presiding Judge.

The Phoenix City Code imposes a duty upon the owner or lessee of land abutting a sidewalk to keep the sidewalk in repair. Does this duty extend to an unimproved sidewalk right-of-way where no sidewalk has been constructed? We hold that it does not.

I. While on duty as uniformed bicycle officers with the Phoenix Police Department, Plaintiff Joe Bill Thomas and his partner recognized a drug suspect and pursued him....

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