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DESRUISSEAU v. ISLEY

No. 1 CA-CIV 2865.

27 Ariz. App. 257 (1976)

553 P.2d 1242

Roland R. DESRUISSEAU and Vera Desruisseau, his wife, and Pauline Lester, a single woman, Appellants and Cross-Appellees, v. Guy ISLEY and Mary Ann Isley, his wife, and Isley's Refrigeration, Inc., an Arizona Corporation, Appellees and Cross-Appellants.

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

Rehearing Denied July 26, 1976.

Review Denied September 9, 1976.

Attorney(s) appearing for the Case

L. Dennis Marlowe, Tempe, for appellants and cross-appellees.

Daughton, Feinstein & Wilson by Donald Daughton and Allen L. Feinstein, Phoenix, for appellees and cross-appellants.

OPINION

FROEB, Judge.

This dispute between two adjoining property owners brought forth a lawsuit for an injunction on the basis that conduct by one owner was an actionable nuisance. This, in turn, produced a counterclaim to quiet title to a nine-foot tract of land in the middle of the two properties. From judgments denying the injunction and quieting title, both parties appeal.

Roland and Vera Desruisseau, appellants and plaintiffs in the trial court...

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