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FREEMAN v. SORCHYCH

No. 1 CA-CV 09-0720.

245 P.3d 927 (2011)

Gerald C. FREEMAN and Janice B. Freeman, husband and wife, Plaintiffs/Appellants, v. Donald R. SORCHYCH, a single man, Defendant/Appellee.

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

January 13, 2011.

Attorney(s) appearing for the Case

Mahaffy Law Firm, P.C. By Steven C. Mahaffy, Chandler, Attorneys for Plaintiffs/Appellants.

Carol Lynn de Szendeffy, Carefree, Attorney for Defendant/Appellee.

OPINION

WINTHROP, Presiding Judge.

¶ 1 This case raises a question not previously addressed in Arizona: When multiple dominant estate holders use an easement, must they share in the costs necessary to maintain and repair that common easement, even in the absence of a cost-sharing agreement or a provision imposing such an obligation within the document conveying the easement? Gerald C. and Janice B. Freeman brought an action for contribution and unjust...

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