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STATE v. MABERY RANCH, CO., L.L.C.

No. 1 CA-CV 06-0143.

165 P.3d 211 (2007)

STATE of Arizona, Plaintiff/Counterdefendant/Appellant/Cross-Appellee, v. MABERY RANCH, CO., L.L.C., an Arizona limited liability company, Defendant/Counterclaimant/Appellee/Cross-Appellant.

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

August 16, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Daniel P. Schaack and James R. Morrow, Assistant Attorneys General, Liability Management Section, and Joy L. Hernbrode, Assistant Attorney General, Natural Resources Section, Phoenix, Attorneys for Plaintiff/Counterdefendant/Appellant/Cross-Appellee.

L. Richard Mabery, P.C. By L. Richard Mabery, Prescott, Attorney for Defendant/Counterclaimant/Appellee/Cross-Appellant.

OPINION

JOHNSEN, Judge.

¶ 1 Mabery Ranch Company, L.L.C. ("Mabery") owns land in Yavapai County ("Mabery property"). Following a jury trial, the State of Arizona ex rel. Arizona State Parks Board ("State Parks") and Mabery appeal and cross-appeal, respectively, the trial court's final Amended Judgment on State Parks' declaratory judgment action and Mabery's counterclaim. We hold that (1) the State's filing of a declaratory judgment action to enforce...

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