Legal Opinion

Mayer Unified School District v. Winkleman

Arizona Supreme Court

Decided February 13, 2009No. CV-08-0225-PRPublishedCited by 5 opinions

1Opinion of the Court

OPINION

BERCH, Vice Chief Justice.

¶ 1 We have been asked to decide whether suit will lie under the Arizona-New Mexico Enabling Act for the State Land Commissioner’s failure to require compensation for easements and rights of way over state trust lands conveyed between 1929 and 1967. We hold that the claims are time-barred.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The Arizona-New Mexico Enabling Act granted nearly ten million acres of land to the State of Arizona to be held in trust for the support of public schools. See Act of June 20, 1910, ch. 310, §§ 24, 28, 36 Stat. 557, 572-74 (“Enabling…

2Cases cited12 opinions

  1. Asarco Inc. v. KadishSupreme Court of the United States · 1989
  2. Lassen v. Arizona Ex Rel. Arizona Highway DepartmentSupreme Court of the United States · 1967
  3. City of Tucson v. Clear Channel Outdoor, Inc.Arizona Supreme Court · 2005
  4. Murphy v. StateArizona Supreme Court · 1947
  5. Kadish v. Arizona State Land DepartmentArizona Supreme Court · 1987

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Watkins v. ArpaioCourt of Appeals of Arizona · 2016
  2. Baier v. Mayer Unified School DistrictCourt of Appeals of Arizona · 2010
  3. Koepnick v. Arizona State Land DepartmentCourt of Appeals of Arizona · 2009
  4. Mayer Unified School District v. WinklemanArizona Supreme Court · 2009
  5. Tempe v. SussexCourt of Appeals of Arizona · 2019

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