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CITY OF SCOTTSDALE v. THOMAS

No. 2 CA-CV 88-0095.

156 Ariz. 551 (1988)

753 P.2d 1207

CITY OF SCOTTSDALE, a municipal corporation, Plaintiff/Appellant, v. Kurt B. THOMAS, Richard D. Cantin and Bonnie A. Cantin, husband and wife; Dennis M. Mastro and Jane Mastro, husband and wife; Noel E. Cullison and Barbara Cullison, husband and wife; Charles I. McCluey and Linda C. McCluey, husband and wife; Edward E. Burr, Trustee; and Edward E. Burr and Jane Doe Burr, husband and wife; Victor La Tempa and Debra La Tempa, husband and wife, Defendants/Appellees.

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

April 14, 1988.

Attorney(s) appearing for the Case

Office of the City Attorney by Fredda J. Bisman, Scottsdale, for plaintiff/appellant.

Osmond Burton, Jr., Tucson, for defendants/appellees.

OPINION

FERNANDEZ, Judge.

The City of Scottsdale appeals from an order denying its request for a mandatory injunction to compel removal of encroachments on an easement owned by the city over a portion of appellees' property. We reverse.

In July 1967, the city approved a plat which established the subdivision of Paradise Valley Farms. Included in the plat was the dedication of an easement to the city along the easterly 40 feet of the subdivision "for...

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