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SABINA v. YAVAPAI COUNTY FLOOD CONTROL

No. 1 CA-CV 98-0093.

993 P.2d 1130 (1999)

196 Ariz. 166

Janet I. SABINA and William E. Sabina, wife and husband, Plaintiffs-Appellants, v. YAVAPAI COUNTY FLOOD CONTROL DISTRICT, a political subdivision of the State of Arizona, Defendant-Appellee.

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

August 26, 1999.

Attorney(s) appearing for the Case

Murphy, Lutey, Schmitt & Beck, P.L.L.C. by Michael R. Murphy and Dan A. Wilson, Prescott, Attorneys for Plaintiffs-Appellants.

Charles R. Hastings, Yavapai County Attorney by Ethan A. Wolfinger, Deputy County Attorney, Prescott, Attorneys for Defendant-Appellee.

OPINION

FIDEL, Judge.

¶ 1 Plaintiff Janet Sabina and her husband William sued the Yavapai County Flood Control District for injuries she sustained when she fell at night into an unlit, unguarded drainage ditch in the City of Sedona. The District does not own the ditch or the land that it traverses, but has power, for the purpose of floodplain management, to regulate construction and usage in the vicinity of the ditch. In the Sabinas' appeal from summary...

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