Queen Creek Summit, LLC v. Davis

OPINION

BARKER, Judge.

¶ 1 Queen Creek Summit, L.L.C. and the other petitioners (collectively, “QCS”) seek special action review of the superior court’s denial of their motion for judgment as a matter of law and grant of the Town of Gilbert’s (“Gilbert”) Application for Immediate Possession. The superior court found that QCS failed to meet its burden of proving that Gilbert had improperly concluded that the public good of locating its pipeline through the middle of Canyon State Academy outweighed the private injury to QCS. For the reasons set forth below, we affirm.

Facts and Procedural…