City of Scottsdale v. Thomas

OPINION

FERNANDEZ, Judge.

The City of Scottsdale appeals from an order denying its request for a mandatory injunction to compel removal of encroachments on an easement owned by the city over a portion of appellees’ property. We reverse.

In July 1967, the city approved a plat which established the subdivision of Paradise Valley Farms. Included in the plat was the dedication of an easement to the city along the easterly 40 feet of the subdivision “for flood protection and roadway purposes.” In October 1982, the city council adopted a resolution which abandoned 25 feet of the easement because it…