GOTLAND v. TOWN OF CAVE CREEK

No. 1 CA-CV 89-562.

172 Ariz. 397 (1991)

837 P.2d 1132

Alan C. GOTLAND and Janet L. Gotland, husband and wife, Plaintiffs-Appellees, v. TOWN OF CAVE CREEK, Defendant-Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Review Granted in Part September 25, 1992.


Attorney(s) appearing for the Case

Dioguardi, Poli & Ball, Ltd. by James B. Ball, Phoenix, for plaintiffs-appellees.

Ryley, Carlock & Applewhite, P.A. by William E. Farrell, Phoenix, for defendant-appellant.


OPINION

LANKFORD, Judge.

The Town of Cave Creek (Cave Creek) appeals from a denial of injunctive relief against Alan and Janet Gotland. Cave Creek sought the injunction to prevent the Gotlands from erecting a barricade blocking access to an unpaved section of Grapevine Road which traverses their property. Cave Creek had declared the road to be a public highway pursuant to Ariz.Rev.Stat. (A.R.S.) § 28-1861(B).1

The...

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