MAYER UNIFIED SCHOOL DIST. v. WINKLEMAN

No. 2 CA-CV 2007-0126.

207 P.3d 631 (2008)

MAYER UNIFIED SCHOOL DISTRICT and Gadsen Elementary School District, Plaintiffs/Appellants, v. Mark WINKLEMAN, in his capacity as State Land Commissioner; The Arizona State Land Department; The State of Arizona; Apache County; Cochise County; Coconino County; Graham County; Greenlee County; Maricopa County; Mohave County; Navajo County; Pima County; Pinal County; Santa Cruz County; Yavapai County; Yuma County; Maricopa County Flood Control District; Arizona Department of Transportation; Town of Carefree; City of Tucson; City of Flagstaff; Town of Gila Bend; City of Glendale; City of Globe; Magma Flood Control District; Town of Marana; City of Peoria; City of Phoenix; City of Scottsdale; City of Sierra Vista; and City of Tempe, Defendants/Appellees. Mayer Unified School District and Gadsen Elementary School District, Plaintiffs/Appellants/Cross-Appellees, v. City of Peoria and City of Scottsdale, Defendants/Appellees/Cross-Appellants.

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

Review Granted October 28, 2008.


Attorney(s) appearing for the Case

Arizona Center for Law in the Public Interest By Timothy M. Hogan and Joy Herr-Cardillo, Phoenix, Attorneys for Plaintiffs/Appellants/Cross-Appellees.

Terry Goddard, Arizona Attorney General By William A. Richards, Patrick B. Sigl, and Kenneth D. Nyman, Phoenix, Attorneys for Defendants/Appellees Mark Winkleman, Arizona State Land Department, and State of Arizona.

Criss E. Candelaria, Apache County Attorney By Edward W. France III, St. John's, Attorneys for Defendant/Appellee Apache County.

Edward G. Rheinheimer, Cochise County Attorney By Britt W. Hanson, Bisbee, Attorneys for Defendant/Appellee Cochise County.

Terence C. Hance, Coconino County Attorney By Jean E. Wilcox, Flagstaff, Attorneys for Defendant/Appellee Coconino County.

Kenneth A. Angle, Graham County Attorney, Safford, Attorney for Defendant/Appellee Graham County.

Gust Rosenfeld, P.L.C. By Richard A. Segal, Richard B. Hood, and Craig A. McCarthy, Phoenix, Attorneys for Defendants/Appellees Maricopa County and Maricopa County Flood Control District.

Matthew J. Smith, Mohave County Attorney By Robert A. Taylor, Kingman, Attorneys for Defendant/Appellee Mohave County.

Melvin R. Bowers, Jr., Navajo County Attorney By Lance B. Payette, Holbrook, Attorneys for Defendant/Appellee Navajo County.

Barbara LaWall, Pima County Attorney By Nancy J. Davis, Tucson, Attorneys for Defendant/Appellee Pima County.

James P. Walsh, Pinal County Attorney By Chris M. Roll, Florence, Attorneys for Defendant/Appellee Pinal County.

Sheila Sullivan Polk, Yavapai County Attorney By Jack H. Fields, Prescott, Attorneys for Defendant/Appellee Yavapai County.

Jon R. Smith, Yuma County Attorney By Edward P. Feheley, Yuma, Attorneys for Defendant/Appellee Yuma County.

Gallagher & Kennedy, P.A. By Mark A. Fuller, Kevin E. O'Malley and C. Lincoln Combs, Phoenix, Attorneys for Defendant/Appellee Arizona Department of Transportation.

Moyes Storey Ltd. By C. Brad Woodford, Phoenix, Attorneys for Defendants/Appellees Town of Carefree, City of Flagstaff, Town of Gila Bend, City of Glendale, City of Globe, Town of Marana, City of Phoenix, City of Sierra Vista, and City of Tempe.

Cooper & Rueter, L.L.P. By Stephen R. Cooper, Casa Grande, Attorneys for Defendant/Appellee Magma Flood Control District.

Stephen M. Kemp, Peoria City Attorney By Ellen M. Van Riper and Cynthia Odom, Peoria, Attorneys for Defendant/Appellee/Cross-Appellant City of Peoria.

Deborah W. Robberson, Scottsdale City Attorney By Bruce Washburn, Scottsdale, Attorneys for Defendant/Appellee/Cross-Appellant City of Scottsdale.

Michael G. Rankin, Tucson City Attorney By Tobin Rosen, Tucson, Attorneys for Defendant/Appellee City of Tucson.


OPINION

VÁSQUEZ, Judge.

¶ 1 In 2004, parents of children attending various public schools in Arizona, later joined by Mayer Unified School District and Gadsen Elementary School District ("the school districts"), sued the State Land Commissioner, the Arizona State Land Department, and the State of Arizona, (collectively, "the State Defendants"), alleging these defendants had failed to obtain compensation from numerous easement holders who...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases