Tumacacori Mission Land Development, Ltd. v. Union Pacific Railroad Company

OPINION

KELLY, Judge.

¶ 1 Tumacacori Mission Land Development, Ltd. (Tumacacori), appeals from the trial court’s ruling denying its motion to amend its complaint in a quiet title action. It argues the court should have allowed it to file its amended complaint to add theories of easement by common law necessity and statutory private way of necessity despite the court’s previous ruling granting summary judgment in favor of Union Pacific Railroad Company (Union Pacific) on Tumacacori’s original easement claim.

Factual and Procedural Background

¶ 2 In 2009, Tumacacori filed a complaint seeking to…