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TUMACACORI MISSION LAND v. UNION PACIFIC

No. 2 CA-CV 2011-0010.

263 P.3d 649 (2011)

TUMACACORI MISSION LAND DEVELOPMENT, LTD., an Arizona limited partnership, Plaintiff/Appellant, v. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, Defendant/Appellee.

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

August 31, 2011.

Attorney(s) appearing for the Case

Gregory L. Droeger , Nogales, Attorney for Plaintiff/Appellant.

Beaugureau, Hancock, Stoll & Schwartz, P.C. By Anthony J. Hancock and Terrance L. Sims , Phoenix, Attorneys for Defendant/Appellee.

OPINION

ESPINOSA, Judge.

¶ 1 In this action to quiet title to an alleged prescriptive easement, plaintiff/appellant Tumacacori Mission Land Development, Ltd. (TMLD) appeals from the trial court's grant of summary judgment in favor of defendant/appellee Union Pacific Railroad Co. (Union Pacific) on the ground a private party may not acquire a prescriptive easement over a railway. For the following reasons, we affirm.

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