City of Flagstaff v. Babbitt

WILLIAM W. NABOURS, Superior Court Judge

(dissenting) :

I must respectfully dissent from the conclusion arrived at by the majority in affirming the decision of the trial court.

The majority apparently base their decision upon this point, to wit: “The trial court held that there had been no dedication of the property in dispute as a public park mainly because there had been no intent on the part of the subdividers to so dedicate the property.” They then cite all of the Arizona cases on this subject and conclude by saying: “A reading of these cases would indicate, at first glance, that there had…