WHITE v. PIMA COUNTY

No. 2 CA-CV 88-0310.

161 Ariz. 90 (1989)

775 P.2d 1154

Barbara WHITE, Plaintiff/Appellee/Cross-Appellant, v. PIMA COUNTY, a body politic, Defendant/Appellant/Cross-Appellee.

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

Review Denied July 11, 1989.


Attorney(s) appearing for the Case

Stubbs & Shubart, P.C. by G. Lawrence Schubart, Tucson, for plaintiff/appellee/cross-appellant.

Stephen D. Neely, Pima Co. Atty. by Thomas E. Dugal and John R. Neubauer, Tucson, for defendant/appellant/cross-appellee.


OPINION

HOWARD, Judge.

The issue in this case is whether the common enemy doctrine can be a defense to a claim of inverse eminent domain arising out of damage caused by floodwaters. The trial court held that it did not, rejecting a jury instruction on the doctrine offered by Pima County. The jury returned a verdict in plaintiff's favor for $213,945 and the county appealed. The appellee has filed a cross-appeal which...

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