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BORUCH v. STATE EX REL. HALIKOWSKI

No. 1 CA-CV 15-0534.

399 P.3d 686 (2017)

Mary C. BORUCH, an individual; et al., Plaintiffs/Appellants, v. STATE of Arizona EX REL. John HALIKOWSKI, Director of the Arizona Department of Transportation; City of Mesa, an Arizona municipal corporation, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED June 20, 2017.

Attorney(s) appearing for the Case

Moyes Sellers & Hendricks, Phoenix, By Keith L. Hendricks , Louis D. Lopez , Stephen Brower , Counsel for Plaintiffs/Appellants.

Arizona Attorney General's Office, Phoenix, By Ron J. Aschenbach , Joe Acosta, Jr. , Co-Counsel for Defendant/Appellee State of Arizona.

Fennemore Craig PC, Phoenix, By Douglas C. Northup , Co-Counsel for Defendant/Appellee State of Arizona.

Mesa City Attorney's Office, Mesa, By Marc T. Steadman , Co-Counsel for Defendant/Appellee City of Mesa.

Jones Skelton & Hochuli, PLC, Phoenix, By Robert R. Berk , Lori L. Voepel , Jennifer B. Anderson , Co-Counsel for Defendant/Appellee City of Mesa.

Judge Patricia K. Norris delivered the opinion of the Court, in which Presiding Judge Kenton D. Jones and Judge Paul J. McMurdie joined.

OPINION

¶ 1 This appeal arises out of the superior court's dismissal of a complaint filed by homeowners and renters in three Mesa subdivisions to enjoin the City of Mesa and the State, through the Arizona Department of Transportation ("ADOT"), from diverting and channeling excess storm water onto their properties. The...

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