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TUMACACORI MISSION LAND v. UNION PACIFIC

No. 2 CA-CV 2012-0077.

297 P.3d 923 (2013)

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.

January 29, 2013.

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

KELLY, Judge.

¶ 1 Tumacacori Mission Land Development, Ltd. (Tumacacori), appeals from the trial court's ruling denying its motion to amend its complaint in a quiet title action. It argues the court should have allowed it to file its amended complaint to add theories of easement by common law necessity and statutory private way of necessity despite the court's previous ruling granting summary judgment in favor of Union Pacific Railroad...

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