City of Casa Grande v. Tucker

OPINION

FERNANDEZ, Chief Judge.

Appellant John Tucker appeals from the entry of summary judgment in favor of appellee City of Casa Grande declaring that Tucker is subject to sewer capacity fees imposed by the city. Solely because of the position taken by the city in this case, we conclude that appellant is not subject to the fees.

In 1958 Tucker’s predecessors in interest, owners of a 160-acre parcel of property in Pinal County, entered into a Contract and Grant of Easement that permitted the city to construct, operate, and maintain an outfall sewer line through a 15-foot strip of the property.…