A TUMBLING-T RANCHES v. PALOMA INV.

No. 1 CA-CV 98-0605.

5 P.3d 259 (2000)

197 Ariz. 546

A TUMBLING-T RANCHES, an Arizona general partnership; Russell Badley Farms, Inc., an Arizona corporation; Rosemary L. Edwards, individually and as Trustee of the Rosemary L. Edwards Trust; John E. Fornes, Jr. and Shelley Fornes, husband and wife; PJ Farms Limited Partnership, an Arizona limited partnership; J & A Fornes, II, an Arizona general partnership; Marion Getzwiller and Polly Getzwiller, husband and wife; Delmar John and Jean John, husband and wife, d/b/a Delmar John Farms; BDJ Farms, L.L.C., an Arizona limited liability company; Gila River Farms, Inc., an Arizona corporation; Roy Pierpoint and Ella Pierpoint, husband and wife; Pierpoint Farms, Inc., an Arizona corporation; and Wood Brothers Farms, an Arizona general partnership, Plaintiffs-Appellants, v. PALOMA INVESTMENT LIMITED PARTNERSHIP, a limited partnership; Prudential Insurance Company of America, a New Jersey corporation; Maricopa Land, Inc., an Arizona corporation; Paloma Ranch Joint Venture, a joint venture; Bookman Edmonston Engineering, Inc., a California corporation; Maricopa County Flood Control District, a body politic; Maricopa County, a body politic, Defendants-Appellees.

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

May 2, 2000.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. by John J. Egbert, Phoenix and Kinerk, Beal, Schmidt & Dyer, P.C. by Burton J. Kinerk, Tucson, and Law Offices of Reed King by Reed King, Phoenix, Attorneys for Plaintiffs-Appellants.

Helm & Kyle, Ltd. by John D. Helm, Sarah A. Worthington, and Lorrie L. Luellig, Tempe, Attorneys for Defendant-Appellee Maricopa County Flood Control District.

Teilborg, Sanders & Parks by John C. Gemmill and Kendall D. Steele, Phoenix, Attorneys for Defendants-Appellees Prudential Insurance Co. of America and Paloma Ranch Joint Venture.

Mesch, Clark & Rothschild, P.C. by J. Emery Barker and Scott H. Gan, Tucson, Attorneys for Defendant-Appellee Paloma Investment Limited Partnership.


OPINION

NOYES, Judge.

¶ 1 Appellants, owners of farms located along the Gila River, brought this action to recover for damages they suffered during the 1993 flooding of the river. Appellants alleged that Paloma Investment Limited Partnership, Prudential Insurance Company of America, Maricopa Land, Inc., Paloma Ranch Joint Venture, Bookman-Edmonston Engineering, Inc., and Maricopa County,1 by virtue of their maintenance,...

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