1. Home
  2. Browse Decisions
  3. P.3d
  4. 322 P.3d
  5. 322 P.3d 149 (2014)
 

CITY OF PHOENIX v. GARRETSON

No. CV-13-0181-PR.

322 P.3d 149 (2014)

CITY OF PHOENIX, a municipal corporation, Plaintiff/Appellee, v. John E. GARRETSON as Trustee of the Emery E. Oldaker Trust, dated July 30, 1966; John E. Garretson, an unmarried man, Defendant/Appellant.

Supreme Court of Arizona.

April 17, 2014.

Attorney(s) appearing for the Case

Charles K. Ayers (argued) and Stephanie Heizer, Ayers & Brown PC, Phoenix, for City of Phoenix.

Dale S. Zeitlin (argued), Zeitlin & Zeitlin PC, Phoenix, for John E. Garretson and John E. Garretson, as Trustee of the Emery E. Oldaker Trust.

Barbara Lawall, Pima County Attorney, Regina L. Nassen and Andrew L. Flagg, Deputy Pima County Attorneys, Tucson, for Amicus Curiae Pima County.

William F. Bock, League of Arizona Cities and Towns, Phoenix, for Amicus Curiae League of Arizona Cities and Towns.

Thomas C. Horne, Attorney General, Robert L. Ellman, Solicitor General, Joe Acosta, Jr. (argued), and Bryan B. Perry, Assistant Attorneys General, Transportation Section, Phoenix, for Amicus Curiae Arizona Department of Transportation on behalf of John Halikowski, Director.

Justice PELANDER authored the opinion of the Court, in which Chief Justice BERCH, Justice BRUTINEL, Justice TIMMER, and Judge HOWARD joined.

Justice PELANDER, opinion of the Court.

¶ 1 The issue in this case is whether a property owner may be entitled to compensation if the government, in the exercise of its police power, eliminates the owner's established access to an abutting roadway. We hold that under those circumstances an owner may claim compensable damage to private property within the meaning of Article 2, Section 17 of the Arizona Constitution, even...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases