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SIEMSEN v. DAVIS

No. 1CA-CV 98-0651.

998 P.2d 1084 (2000)

196 Ariz. 411

Richard SIEMSEN and Annette Siemsen, husband and wife; Bill Starmer and Patricia Starmer, husband and wife; and Robert Paloutzian and Darlene Paloutzian, husband and wife, Plaintiffs-Appellants, v. Merwyn C. DAVIS, Trustee under the Merwyn C. Davis Trust dtd. 7/27/81; Edward B. Hitchcock and C.L. Lux, Co-Trustees of the Qualified Election Trust under the Will of June E. Hitchcock dated May 28, 1982, Defendants-Appellees.

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

April 4, 2000.

Attorney(s) appearing for the Case

Walraven & Roberts, by Paul L. Roberts, Jerry Carver, Prescott, Attorneys for Plaintiffs-Appellants.

Jones & Rosenberg, by Bruce E. Rosenberg, Prescott, and Murphy Lutey Schmitt & Beck, by Michael R. Murphy, Prescott, Attorneys for Defendants-Appellees.

OPINION

FIDEL, Judge.

¶ 1 Arizona's private condemnation statute, A.R.S. § 12-1202 (1994), permits a landlocked private landowner to condemn a "private way of necessity" across lands of another upon showing a "reasonable necessity." See Solana Land Co. v. Murphey, 69 Ariz. 117, 125, 210 P.2d 593, 598 (1949). In the underlying bench trial, the trial court concluded that...

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