PLEAK v. ENTRADA PROPERTY OWNERS' ASS'N

No. 2 CA-CV 2001-0100.

67 P.3d 717 (2003)

205 Ariz. 121

Robin R. PLEAK and Audrey Pleak, husband and wife; and Michael T. Shurtliff and Ann Shurtliff, husband and wife, Plaintiffs/Appellants, v. ENTRADA PROPERTY OWNERS' ASSOCIATION, an Arizona non-profit corporation; Palo Seco Corporation, an Arizona corporation; Betty C. Britton, an unmarried woman; Juan A. Somoza, an unmarried man; Tres Piedras, L.L.C., an Arizona limited liability corporation; Steve V. Thill, an unmarried man; Cindy D. Begner, an unmarried woman; Edna C. Stack, an unmarried woman; Caroline Dodge, a married woman; Mary R. Derrick, an unmarried woman; Fleet Mortgage Corp., a South Carolina corporation; Detlef D. Lange and Sally F. Lange, husband and wife; BGR, L.L.C., an Arizona limited liability company; and Morton R. Rosen, a widower, Defendants/Appellees.

Court of Appeals of Arizona. Division 2, Department B.

April 30, 2003.


Attorney(s) appearing for the Case

Gust Rosenfeld P.L.C., By Charles W. Wirken, Phoenix, for Plaintiffs/Appellants.

Law Office of Mark Rubin, P.L.C., By Mark Rubin, Tucson, for Defendants/Appellees.

Mariscal, Weeks, McIntyre, & Friedlander, P.A., By P. Bruce Converse and Gary L. Birnbaum, Phoenix, for Amicus Curiae Land Title Association of Arizona.


ESPINOSA, Chief Judge.

¶ 1 Plaintiffs Robin and Audrey Pleak and Michael and Ann Shurtliff (collectively, the Pleaks) filed this action seeking to quiet title in a roadway easement situated on real property the defendants (collectively, Entrada) own or hold liens against. The Pleaks appeal from the trial court's order denying their motion for summary judgment and granting partial summary judgment in favor of Entrada, arguing Entrada's predecessor in interest...

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