Boruch v. State ex rel. Halikowski

OPINION

NORRIS, Judge:

¶ 1 This appeal arises out of the superior court’s dismissal of a complaint filed by homeowners and renters in three Mesa subdivisions to enjoin the City of Mesa and the State, through the Arizona Department of Transportation (“ADOT”), from diverting and channeling excess storm water onto their properties. The dispositive issue on appeal is whether Arizona Revised Statutes (“A.R.S.”) section 12-1802 (2016) precludes the superior court from granting the requested injunctive *614relief. Because A.R.S. § 12-1802 does not bar the injunctive relief requested in the complaint, we…