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.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
February 13, 2009.
February 13, 2009.
Attorney(s) appearing for the Case
Arizona Center for Law in the Public Interest By Timothy M. Hogan, Phoenix, Joy E. Herr-Cardillo, Tucson, Attorneys for Mayer Unified School District and Gadsen Elementary School District.
Terry Goddard, Arizona Attorney General By Kenneth D. Nyman, Assistant Attorney General William A. Richards, Assistant Attorney General Patrick B. Sigl, Assistant Attorney General, Phoenix, Attorneys for Mark Winkleman, Arizona State Land Department, and State of Arizona.
Gallagher & Kennedy P.A. By Mark A. Fuller, Kevin E. O'Malley, Kiersten A. Murphy, C. Lincoln Combs, Phoenix, Attorneys for Arizona Department of Transportation.
Moyes Sellers & Sims, L.T.D. By C. Brad Woodford, Jeffrey T. Murray, Rebecca N. Lumley, Phoenix, Attorneys for 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.
Stephen M. Kemp, Peoria City Attorney, By Stephen M. Kemp, City Attorney, Peoria, Attorneys for City of Peoria.
Deborah W. Robberson, Scottsdale City Attorney, By Robert Bruce Washburn, Senior Assistant City Attorney, Scottsdale, Attorneys for City of Scottsdale.
Cooper & Rueter, L.L.P. By Stephen R. Cooper, Casa Grande, Attorneys for Magma Flood Control District.
Terence C. Hance, Coconino County Attorney, By Jean E. Wilcox, Deputy County Attorney, Flagstaff, Attorneys for Coconino County.
Gust Rosenfeld, P.L.C. By Richard A. Segal, Richard B. Hood, Craig A. McCarthy, Phoenix, Attorneys for Maricopa County and Flood Control District of Maricopa County.
Supreme Court of Arizona, En Banc.
OPINION
BERCH, Vice Chief Justice.
¶ 1 We have been asked to decide whether suit will lie under the Arizona-New Mexico Enabling Act for the State Land Commissioner's failure to require compensation for easements and rights of way over state trust lands conveyed between 1929 and 1967. We hold that the claims are time-barred.
I. FACTUAL AND PROCEDURAL BACKGROUND
¶ 2 The Arizona-New Mexico Enabling Act granted nearly ten million...
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