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CATALINA FOOTHILLS UNIFIED v. LA PALOMA

No. 1 CA-CV 14-0838.

363 P.3d 127 (2015)

CATALINA FOOTHILLS UNIFIED SCHOOL DISTRICT NO. 16, of Pima County, a political subdivision of the State of Arizona, Plaintiff/Appellee/Cross-Appellant, v. LA PALOMA PROPERTY OWNERS ASSOCIATION, INC., an Arizona non-profit corporation, Defendant/Appellant/Cross-Appellee.

Court of Appeals of Arizona, Division 1.

November 24, 2015.

Attorney(s) appearing for the Case

DeConcini McDonald Yetwin & Lacy, PC By Lisa Anne Smith , Tucson, Co-Counsel for Plaintiff/Appellee/Cross-Appellant.

The Law Offices of Diane M. Miller, PLLC By Diane M. Miller , Phoenix, Co-Counsel for Plaintiff/Appellee/Cross-Appellant.

Stubbs & Schubart, PC By G. Lawrence Schubart , Tucson, Counsel for Defendant/Appellant/Cross-Appellee.

Presiding Judge DIANE M. JOHNSEN delivered the opinion of the Court, in which Judge KENT E. CATTANI and Judge JOHN C. GEMMILL joined.

OPINION

¶ 1 We hold in this case that a school district may exercise the power of eminent domain to acquire a private road by which vehicles may enter a school campus. Accordingly, we affirm the superior court's judgment of condemnation in all respects, except its calculation...

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