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GULOTTA v. TRIANO

No. 2 CA-CIV 3400.

125 Ariz. 144 (1980)

608 P.2d 81

Barney GULOTTA and Viola Gulotta, husband and wife, and Joseph Scaturro and Judith Scaturro, husband and wife, Plaintiffs/Appellees, v. Gary L. TRIANO and Mary E. Triano, husband and wife, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 19, 1980.

Review Denied March 4, 1980.

Attorney(s) appearing for the Case

Law Offices Hirsch & Lindamood, P.C. by Gerald B. Hirsch, Tucson, for plaintiffs/appellees.

Russo, Cox, Dickerson, Cartin & Sylvester, P.C. by Thomas G. Cox and Karl MacOmber, Tucson, for defendants/appellants.

OPINION

RICHMOND, Judge.

The question on this appeal is whether one who has landlocked his property by voluntary alienation of a means of ingress and egress may thereafter acquire a private way of necessity over other land by condemnation under A.R.S. § 12-1202.

Plaintiffs owned and operated a delicatessen fronting on Tanque Verde Road in Tucson. The business was located on a parcel of land extending south and to the west behind a liquor store...

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