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DABROWSKI v. BARTLETT

No. 1 CA-CV 17-0380.

442 P.3d 811 (2019)

Bogdan DABROWSKI, et al., Plaintiffs/Counter-Defendants/Appellants/Cross-Appellees, v. David C. BARTLETT, Defendant/Counter-Claimant/Appellee/Cross-Appellant.

Court of Appeals of Arizona, Division 1.

Filed May 7, 2019.

Attorney(s) appearing for the Case

MacQueen & Gottlieb PLC, Phoenix, By Benjamin L. Gottlieb (argued), Patrick R. MacQueen , Counsel for Plaintiffs/Counter-Defendants/Appellants/Cross-Appellees.

Radix Law, PLC, Scottsdale, By Donald R. Alvarez , Counsel for Defendant/Counter-Claimant/Appellee/Cross-Appellant.

Judge Paul J. McMurdie delivered the opinion of the Court, in which Presiding Judge Jennifer B. Campbell and Judge Kent E. Cattani joined.

OPINION

¶1 Bogdan and Jolanta Dabrowski appeal from a judgment granting David C. Bartlett a private way of necessity ("private condemnation") over the Dabrowskis' property. Bartlett cross-appeals, contending he was entitled to either express easement rights or an easement by implied way of necessity. For the reasons...

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