Gotland v. Town of Cave Creek

OPINION

LANKFORD, Judge.

The Town of Cave Creek (Cave Creek) appeals from a denial of injunctive relief against Alan and Janet Gotland. Cave Creek sought the injunction to prevent the Gotlands from erecting a barricade blocking access to an unpaved section of Grapevine Road which traverses their property. Cave Creek had declared the road to be a public highway pursuant to Ariz.Rev.Stat. (A.R.S.) § 28-1861(B). 1

The issue presented in this appeal is whether A.R.S. § 28-1861(B) unconstitutionally authorizes the taking without compensation of private property for creation of public highways.

I

In…