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DND NEFFSON CO. v. GALLERIA PARTNERS

No. 2 CA-CV 87-0187.

155 Ariz. 148 (1987)

745 P.2d 206

DND NEFFSON COMPANY, an Arizona general partnership, Defendant/Counterclaimant/Appellee, v. GALLERIA PARTNERS, an Arizona general partnership, Plaintiff/Counterdefendant/Appellant.

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

October 28, 1987.

Attorney(s) appearing for the Case

Miller & Pitt by John A. Baade and Eugene N. Goldsmith, Tucson, for defendant/counterclaimant/appellee.

Leonard & Felker by Margaret A. Krigbaum and David H. Nix, Tucson, for plaintiff/counterdefendant/appellant.

OPINION

LIVERMORE, Presiding Judge.

Appellant Galleria Partners has nearly completed construction of a shopping mall built on two parcels of land. One of these parcels fronts on Oracle Road. The other, called the Foster parcel, is east of it and is accessible only by an easement over Tucson Mall Ring Road granted to appellant's predecessor in interest by appellee DND Neffson Company. When Neffson learned that plans...

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