A TUMBLING-T v. FLOOD DIST. OF MARICOPA

No. 1 CA-CV 07-0453.

217 P.3d 1220 (2009)

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 dba 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/Appellants/Cross-Appellees, v. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, a body politic, Defendant/Appellee/Cross-Appellant.

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

October 8, 2009.


Attorney(s) appearing for the Case

Kinerk, Beal, Schmidt, Dyer & Sethi By Burton J. Kinerk and Angela Poliquin, Haralson Miller Pitt Feldman & McAnally PLC By Stanley G. Feldman, Thomas G. Cotter, and Rebecca A. Reed, Tucson, Law Offices of Reed King By Reed W. King, Phoenix, Attorneys for Plaintiffs/Appellants-Cross Appellees.

Helm & Kyle Ltd. By John D. Helm, Roberta S. Livesay, and Jeffrey Lawrence Hrycko, Julie M. Lemmon, Attorney at Law By Julie M. Lemmon, Tempe, Swenson Storer Andrews Frazelle & Sayre PC By Michael J. Frazelle, Phoenix, Attorneys for Defendant/Appellee-Cross Appellant.


OPINION

BROWN, Judge.

¶ 1 Plaintiffs ("the Farmers") appeal the trial court's denial of their motions for judgment as a matter of law ("JMOL") relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County ("the District"). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the Farmers did not establish the standard of care...

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