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SOUTH WEST v. DISTRICT

No. 1 CA-CV 07-0435.

212 P.3d 1 (2008)

SOUTH WEST SAND & GRAVEL, INC., an Arizona corporation, Plaintiff/Appellant, v. CENTRAL ARIZONA WATER CONSERVATION DISTRICT, an Arizona municipal corporation, Defendant/Appellee.

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

As Amended March 9, 2009.

Attorney(s) appearing for the Case

Lewis and Roca LLP By Robert F. Roos, Lawrence A. Kasten, Robert G. Schaffer, Phoenix, Attorneys for Plaintiff/Appellant South West Sand & Gravel, Inc.

Ryley Carlock & Applewhite By John C. Lemaster, Jenny J. Pelton, Sean T. Hood, Phoenix, Attorneys for Defendant/Appellee Central Arizona Water Conservation District.

Salmon, Lewis & Weldon, P.L.C. By M. Byron Lewis, Mark A. McGinnis, Phoenix, Attorneys for Amicus Curiae Salt River Project Agricultural Improvement and Power District.

W. Patrick Schiffer, Chief Counsel, Arizona Department of Water Resources By Gregg A. Houtz, Deputy Counsel, Phoenix, Attorneys for Amicus Curiae Arizona Department of Water Resources.

Stephen M. Kemp, Acting City Attorney, Peoria City Attorney's Office By Cynthia Odom, Assistant City Attorney, Peoria, Attorneys for Amicus Curiae City of Peoria.

Sacks Tierney P.A. By Marvin S. Cohen, Scottsdale, Attorneys for Amicus Curiae City of Tucson.

Gallagher & Kennedy, P.A. By Mark A. Fuller, Phoenix, Attorneys for Amici Curiae Arizona Rock Products Association and Arizona Mining Association.

OPINION

THOMPSON, Judge.

¶ 1 South West Sand & Gravel, Inc. (South West) appeals from a grant of summary judgment on its taking and tort claims against the Central Arizona Water Conservation District (the District). Based on our decision in West Maricopa Combine, Inc. v. Arizona Department of Water Resources, 200 Ariz. 400, 26 P.3d 1171 (App.2001), Arizona Revised Statutes...

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