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SMITH v. BEESLEY

No. 2 CA-CV 2009-0175.

247 P.3d 548 (2011)

Otis SMITH, individually and as Personal Representative of The Estate of Lory Garnick Smith, Plaintiff/Appellant, v. Peter BEESLEY and Carol Booth, husband and wife, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied February 10, 2011.

Attorney(s) appearing for the Case

Mariscal, Weeks, McIntyre & Friedlander, P.A., by Michael R. Scheurich , Phoenix, Attorneys for Plaintiff/Appellant.

Walker & Harper, PC, by Michael J. Harper , Payson, Attorneys for Defendants/Appellees.

OPINION

ECKERSTROM, Judge.

¶ 1 This case involves a land use dispute concerning a driveway built by the appellees Peter Beesley and Carol Booth (hereinafter "Beesley") over a drainage easement in the Kohl's Tonto Creek Ranch subdivision. Appellant Otis Smith, who owned a lot adjacent to the easement, filed an amended complaint against Beesley asserting claims of trespass, nuisance, and unlawful alteration...

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