STATE v. FOOTHILLS RESERVE MASTER OWNERS

No. 1 CA-CV 22-0371.

540 P.3d 1236 (2023)

STATE of Arizona, et al., Plaintiffs/Appellants, v. FOOTHILLS RESERVE MASTER OWNERS ASSOCIATION, INC., Defendant/Appellee. Dietmar Hanke, et al., Intervenors/Appellees.

Court of Appeals of Arizona, Division 1.

As Amended December 13, 2023.


Attorney(s) appearing for the Case

Arizona Attorney General's Office, Phoenix, By Michelle Burton , Joe Acosta, Jr. , Counsel for Plaintiffs/Appellants.

Zeitlin & Zeitlin, PC, Phoenix, By Dale S. Zeitlin , Casandra C. Markoff , Counsel for Defendant/Appellee.

Judge David D. Weinzweig delivered the opinion of the Court, in which Presiding Judge Cynthia J. Bailey and Judge Jennifer B. Campbell joined.


OPINION

¶1 Arizona courts and juries must ascertain and award severance damages in condemnation actions when the property to be condemned is part of a larger parcel. We must decide whether 589 homeowners were entitled to "proximity damages," a form of severance damages, when the state condemned their positive and...

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