City of Phoenix v. John E. Garretson

Justice PELANDER,

opinion of the Court.

¶ 1 The issue in this case is whether a property owner may be entitled to compensation if the government, in the exercise of its police power, eliminates the owner’s established access to an abutting roadway. We hold that under those circumstances an owner may claim compensable damage to private property within the meaning of Article 2, Section 17 of the Arizona Constitution, even if other streets provide access to the property.

I

¶ 2 The superior court granted the City of Phoenix’s motion for partial summary judgment. We therefore view the facts in the…