PLEAK v. ENTRADA PROPERTY OWNERS' ASS'N

No. CV-03-0310-PR.

87 P.3d 831 (2004)

207 Ariz. 418

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.

Supreme Court of Arizona, En Banc.

April 20, 2004.


Attorney(s) appearing for the Case

Gust Rosenfeld, P.L.C., by Charles W. Wirken, Phoenix, Attorney for Plaintiffs-Appellants.

Law Office of Mark Rubin, P.L.C., by Mark Rubin, Lewis and Roca, L.L.P., by John N. Iurino, John Hinderaker, Erin O. Simpson, Tucson, Attorneys for Defendants-Appellees.

Mariscal, Weeks, McIntyre & Friedlander, P.A., by Gary L. Birnbaum, Michael S. Rubin, David J. Ouimette, Phoenix, Attorneys for Amicus Curiae, Land Title Association of Arizona.

Matthew J. Smith, Mohave County Attorney, by John K. White, Deputy County Attorney, Kingman, Attorneys for Amicus Curiae, Mohave County.


OPINION

HURWITZ, Justice.

¶ 1 The central issue in this case is whether Arizona continues to recognize common law dedications of roadway easements for public use. We conclude that such common law dedications remain viable, and that the dedication at issue in this case meets the requirements of the common law.

I.

¶ 2 On June 3, 1988, First American Title Insurance Company of Arizona recorded a "Record of Survey" for the Entrada...

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