City of Phoenix v. Garretson

OPINION

BROWN, Judge.

¶ 1 John Garretson, as Trustee of the Emery E. Oldaker Trust and individually (collectively “Garretson”), appeals the trial court’s decision that as a matter of law Garretson suffered no compensable damages for loss of access under the Arizona Constitution stemming from the City of Phoenix’s (“the City”) construction of a light rail project adjacent to his property. Because Garretson has shown the existence of genuine issues of matei’ial fact relating to whether the City’s actions materially impaired his right of access and thereby diminished the value of his property, we…