GABEL v. TATUM

No. 2 CA-CIV 5215.

146 Ariz. 527 (1985)

707 P.2d 325

Raymond GABEL and Earlyn Gabel, husband and wife; Preston Curtis and Bette Curtis, husband and wife; Erwin Boggs and Ethel H. Boggs, husband and wife; Joseph T. Strickland, a single man; and Paul A. Strickland, a single man, Plaintiffs/Appellants, v. T.T. TATUM and Patricia Tatum, husband and wife; Alma Anderson, a single woman; Rayburn L. Anderson, and Jinger Anderson, husband and wife; Ivan Harry Barkdoll, III, and Susannah B. Barkdoll, husband and wife; Myrtle E. Barkley, a single woman; Thomas Otis Barkley and Nancy Barkley, husband and wife; Michael E. Biesemeyer and Grace Biesemeyer, husband and wife; Mary Adline Blatchley, a single woman; James F. Boston and Edna L. Boston, husband and wife; Emily A. Carroll, a single woman; Dale E. Casad and Frances L. Casad, husband and wife; Roy T. Connolly and Nellie Gene Connolly, husband and wife; Victor Cridebring and Wynona M. Cridebring, husband and wife; W.O. Criswell and Joylene Criswell, husband and wife; Walter E. Dice, a single man; Robert Earl Dowdell and Mary N. Dowdell, husband and wife; Thomas G. Gascoigne and Phyllis K. Gascoigne, husband and wife; Gila Valley Farms, Dollie M. Hale, a single woman; Letha Hale, a single woman; Ralph Duke Hale and Teri Lea Hale, husband and wife; Don W. Hargrave and Dorsey Hargrave, husband and wife; John Harvey Heafker, a single man; James R. Heller and Dorothy M. Heller, husband and wife; Wilfred W. Holt and Lillian R. Holt, husband and wife; William N. Hopper, a single man; Mary Lucille Hopper, a single woman; Lowell B. Jones and Mary E. Jones, husband and wife; Max G. Loehr and Beverly J. Loehr, husband and wife; Raymond L. Loehr, a single man; James McCloud and Jamie McCloud, husband and wife; Calvin G. Peace and Anna Mae Peace, husband and wife; Michael Richardson and Diane Richardson, husband and wife; Morris R. Richardson and Virginia J. Richardson, husband and wife; Albert Robinson and Eugenia Robinson, husband and wife; Orryn R. Roe and Victoria C. Roe, husband and wife; James L. Sanders and Donna L. Sanders, husband and wife; Benjamin Sandoval and Helen D. Sandoval, husband and wife; Ted G. Skowronek and Carol J. Skowronek, husband and wife; Neil Smithson and Elizabeth A. Smithson, husband and wife; Read H. Spencer and Noreen Spencer, husband and wife; William C. Stanley and Mary E. Stanley, husband and wife; Margaret F. Strickland, a single woman; Volney A. Striegler and Ida Striegler, husband and wife; Patsy L. Tartaglio and Jo Ann Tartaglio, husband and wife; Charles Tatham and Joyce Tatham, husband and wife; Robert Tatum and Barbara Tatum, husband and wife; Gilbert P. Van Drunen and Phyllis Ann Van Drunen, husband and wife; Ernest J. Wood and Cleta J. Wood, husband and wife; Leonard B. Zimmer and Mary E. Zimmer, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied October 8, 1985.


Attorney(s) appearing for the Case

Favour, De Pasquale, Moore & Schuyler, P.A. by John M. Favour, Prescott, for plaintiffs/appellants.

Robert Duber II, Globe, for defendants/appellees.

Fennemore, Craig, von Ammon, Udall & Powers by James W. Johnson and Michael J. Allen, Phoenix, for defendants/appellees.


OPINION

HATHAWAY, Presiding Judge.

Appellants, owners of real property situated in Gila County, brought a declaratory judgment action in Gila County Superior Court on December 17, 1979, for a declaration of rights with respect to a ditch located in Gila County and waters from Tonto Creek diverted through that ditch to lands owned by dozens of property holders. The complaint, brought pursuant to the Uniform Declaratory Judgments Act, § 12-1831, et seq...

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