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HUNT v. RICHARDSON

No. 1 CA-CV 06-0624.

163 P.3d 1064 (2007)

Thomas HUNT and Sherry Hunt, husband and wife, Plaintiffs-Appellees, v. Phillip L. RICHARDSON and Julia D. Richardson, husband and wife, Defendants-Appellants, Phillip L. Richardson and Julia D. Richardson, husband and wife, Third-Party Plaintiffs-Appellants, v. Transitional Living Corporation, an Arizona corporation, Third-Party Defendant-Appellee.

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

July 31, 2007.

Attorney(s) appearing for the Case

Keller & Hickey By Craig L. Keller, Daryl R. Wilson, Tempe, Attorneys for Plaintiffs-Appellees and Third-Party Defendant Appellee.

Combs Law Group, P.C., By Christopher A. Combs, Tiffany D. Brooks, Adam B. Decker, Phoenix, Attorneys for Defendants-Appellants and Third-Party Plaintiffs-Appellants.

OPINION

TIMMER, Judge.

¶ 1 Phillip L. Richardson and Julia D. Richardson appeal from the grant of summary judgment on claims arising out of an access easement on the Richardsons' property. To resolve this appeal, we must decide whether the easement was properly dedicated to public use and, if so, whether the Richardsons raised issues of material fact concerning their ability to lawfully erect a gate blocking access to the easement. We must also determine...

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