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CITY OF PHOENIX v. GARRETSON

No. 1 CA-CV 10-0620.

302 P.3d 640 (2013)

CITY OF PHOENIX, a municipal corporation, Plaintiff/Appellee, v. John E. GARRETSON, as Trustee of The Emery E. Oldaker Trust, dated July 30, 1966; John E. Garretson, an unmarried man, Defendant/Appellant.

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

May 7, 2013.

Attorney(s) appearing for the Case

Ayers & Brown, P.C. by Charles K. Ayers and Stephanie Heizer , Phoenix, Attorneys for Plaintiff/Appellee.

Zeitlin & Zeitlin P.C. by Dale S. Zeitlin , Phoenix, Attorney for Defendant/Appellant.

OPINION

BROWN, Judge.

¶ 1 John Garretson, as Trustee of the Emery E. Oldaker Trust and individually (collectively "Garretson"), appeals the trial court's decision that as a matter of law Garretson suffered no compensable damages for loss of access under the Arizona Constitution stemming from the City of Phoenix's ("the City") construction of a light rail project adjacent to his property. Because Garretson has shown the existence of genuine issues of...

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