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SPEROS v. YU

No. 1 CA-CV 02-0736.

83 P.3d 1094 (2004)

207 Ariz. 153

James D. SPEROS, a married man, dealing with his sole and separate property, Plaintiff-Appellant, v. Kristine J.P. YU, a/k/a Kristine Yu and John Doe Yu, wife and husband, Defendants-Appellees. Kristine J.P. Yu, a/k/a Kristine Yu, a/k/a Kristine Yu, a single woman, Counterclaimant-Appellee, v. James D. Speros and Jane Doe Speros, husband and wife, and Sky King, Inc., an Arizona corporation, Counterdefendants-Appellants.

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

February 3, 2004.

Attorney(s) appearing for the Case

Gust Rosenfeld, P.L.C. By Charles W. Wirken and Scott A. Malm, Phoenix, Attorneys for Appellant.

Steptoe & Johnson, LLP By Bennett Evan Cooper and Stacey F. Gottlieb, Phoenix, Attorneys for Appellee.

OPINION

IRVINE, Judge.

¶ 1 James Speros appeals the trial court's summary judgment awarding a portion of an alley known as the "South Alley" to Kristine Yu.1 We hold that the trial court correctly found that the South Alley was not "the exterior boundary of a subdivision or other tract of land," so title to the abandoned alley was properly divided between the owners of the abutting lands. Therefore, we affirm.

FACTUAL...

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