FUGATE v. TOWN OF PAYSON

No. 2 CA-CV 89-0248.

164 Ariz. 209 (1990)

791 P.2d 1092

Vinton L. FUGATE, Plaintiff/Appellee, v. TOWN OF PAYSON, a municipal corporation, Defendant/Appellant.

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

May 10, 1990.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Timothy W. Barton and Diane R. Flaaen, Phoenix, for plaintiff/appellee.

Harlan W. Green, Payson, for defendant/appellant.


OPINION

HATHAWAY, Judge.

The issues in this appeal are whether the trial court was correct in quieting title in plaintiff and awarding him attorney's fees under A.R.S. § 12-341.01(A).

Plaintiff/appellee filed a complaint against appellant, and others not parties to this appeal, seeking to quiet title to a strip of land subject to an easement. In 1972, appellee's predecessor-in-interest granted an easement to the Payson Sanitary District and Gila...

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