AMMER v. ARIZONA WATER CO.

No. 1 CA-CV 90-023.

169 Ariz. 205 (1991)

818 P.2d 190

Philip C. AMMER and Dolores J. Ammer, husband and wife, Plaintiffs, Counter Defendants-Appellants, v. ARIZONA WATER COMPANY, an Arizona corporation, Defendant, Counter Plaintiff-Appellee.

Court of Appeals of Arizona, Division 1 — Department A.

August 27, 1991.


Attorney(s) appearing for the Case

Wallace J. Baker, Jr., Phoenix, for plaintiffs, counter defendants-appellants.

Robert W. Geake, Phoenix, and Linden, Chapa and Fields by Hugh A. Holub, Tucson, for defendant, counter plaintiff-appellee.


OPINION

BROOKS, Presiding Judge.

Philip and Dolores Ammer appeal from a summary judgment quieting title to a parcel of real property in the Arizona Water Company (AWC). On appeal, they argue that the trial court erred in holding that it was necessary for them to show that they had exclusive possession of AWC's property in order to establish a prescriptive easement. They also argue that the trial court erred in granting summary judgment when genuine issues...

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