Legal Opinion

Pleak v. Entrada Property Owners' Ass'n

Arizona Supreme Court

Decided April 20, 2004No. CV-03-0310-PRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

HURWITZ, Justice.

¶ 1 The central issue in this case is whether Arizona continues to recognize common law dedications of roadway easements for public use. We conclude that such common law dedications remain viable, and that the dedication at issue in this case meets the requirements of the common law.

I

¶ 2 On June 3, 1988, First American Title Insurance Company of Arizona recorded a “Record of Survey” for the Entrada development in rural Pima County. The survey covered three adjacent sections of real property and divided each section into sixteen forty-acre parcels. The survey depicts an…

2Cases cited16 opinions

  1. Wyatt v. WehmuellerArizona Supreme Court · 1991
  2. S.H. Kress Co. v. Superior Court of Maricopa CountyArizona Supreme Court · 1947
  3. Allied American Inv. Co. v. PettitArizona Supreme Court · 1947
  4. Evans v. BlankenshipArizona Supreme Court · 1895
  5. Pleak v. Entrada Property Owners' Ass'nCourt of Appeals of Arizona · 2003

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3Cited by2 opinions

  1. All New Gutter Service, Inc. v. DusekNorth Dakota Supreme Court · 2004
  2. Pleak v. ENTRADA PROPERTY OWNERS'ASS'NArizona Supreme Court · 2004

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