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KADLEC v. DORSEY

No. CV-10-0028-PR.

233 P.3d 1130 (2010)

Paul KADLEC and Rachel Kadlec, husband and wife; Duane Howell and Brenda Howell, husband and wife, Plaintiffs/Appellees, v. Daniel DORSEY and Sherri Dorsey, husband and wife, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

July 2, 2010.

Attorney(s) appearing for the Case

Law Office of Cloud LLC By Bradley G.A. Cloud, Tucson, Attorney for Paul Kadlec and Rachel Kadlec.

Vernon E. Peltz By Vernon E. Peltz, Tucson, Attorney for Duane Howell and Brenda Howell.

Hinderaker & Rauh, P.L.C. By Adam Weisman, Tucson, Attorneys for Daniel Dorsey and Sherri Dorsey.

Gust Rosenfeld P.L.C. By Charles W. Wirken, Phoenix, Attorney for Amicus Curiae Land Title Association of Arizona.

Barbara Lawall, Pima County Attorney By Robert H. Gilbreath, Deputy County Attorney, Tucson, Attorney for Amicus Curiae Pima County Board of Supervisors.

OPINION

RYAN, Justice.

¶ 1 We today hold that the mere creation of a roadway easement does not raise a presumption that the road has been dedicated for public use.

I

¶ 2 The critical facts are not in dispute. Richard Turigliatto owned land north of Tucson, which he split into three lots. A dirt roadway traversed the three lots, connecting to public roads on either end. As he sold...

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