A TUMBLING-T RANCHES v. FLOOD CONTROL DIST.

No. 1 CA-CV 07-0760.

204 P.3d 1051 (2008)

A TUMBLING-T RANCHES, an Arizona general partnership; Russell Badley Farms, Inc., an Arizona corporation; Rosemary L. Edwards, individually and as Trustee of the Rosemary L. Edwards Trust; John E. Fornes, Jr., and Shelley Fornes, husband and wife; PJ Farms Limited Partnership, an Arizona limited partnership; J & A Fornes, II, an Arizona general partnership; Delmar John and Jean John, husband and wife d/b/a Delmar John Farms; Gila River Farms, Inc., an Arizona corporation; Roy Pierpoint and Ella Pierpoint, husband and wife; Pierpoint Farms, Inc., an Arizona corporation; and Wood Brothers Farms, an Arizona general partnership, Plaintiffs/Appellees, v. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a body politic, Defendant/Appellant.

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

Review Denied March 17, 2009.


Attorney(s) appearing for the Case

Haralson, Miller, Pitt, Feldman & McAnally, P.L.C. By Thomas G. Cotter, Tucson, Stanley G. Feldman and Kinerk, Beal, Schmidt, Dyer & Sethi, P.C. By Burton J. Kinerk, Tucson, Attorneys for Plaintiffs/Appellees.

Law Offices of Reed King By Reed W. King, Phoenix, Co-Counsel for Plaintiffs/Appellees.

Swenson, Storer, Andrews, Frazelle & Sayre, P.C. By Michael J. Frazelle, Phoenix, Attorneys for Defendant/Appellant.


OPINION

BARKER, Judge.

¶ 1 The principal question presented to us in this matter is whether a Damron/Morris agreement1 may be entered into based on an indemnity and hold-harmless agreement contained within a property easement as contrasted with an insurance contract. For the reasons that follow, we hold that it may, but that the liability of the indemnitor for amounts found...

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