Legal Opinion
Tidwell v. State Ex Rel. Herman
Court of Appeals of Arizona
Decided October 22, 1973No. 2 CA-CIV 1474PublishedCited by 8 opinions
1Opinion of the Court
OPINION
KRUCKER, Judge.
A summary judgment in favor of the State on appellants’ counterclaim in inverse eminent domain is the subject of this appeal.
The State instituted an eminent domain action to condemn a right-of-way for highway purposes across certain patented land of appellants and others. Appellants counterclaimed for damage to their forest grazing permit alleging:
“1. . . . The Plaintiff in it’s [sic] Complaint has not alleged any taking of land currently held under grazing permit by James and Earline Tidwell be longing to the United States of America and administered by the Forest…
2Cases cited11 opinions
- Osborne v. United StatesCourt of Appeals for the Ninth Circuit · 1944
- Board of Supervisors v. ArcherCalifornia Court of Appeal · 1971
- State Highway Commission v. FortuneSouth Dakota Supreme Court · 1958
- Grant M. Acton v. United States v. W. Clifton v. United StatesCourt of Appeals for the Ninth Circuit · 1969
- Oman v. United StatesCourt of Appeals for the Tenth Circuit · 1949
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hubbard v. BrownCalifornia Supreme Court · 1990
- Lee v. North Dakota Park ServiceNorth Dakota Supreme Court · 1977
- Cutter Flying Service, Inc. v. Property Tax DepartmentNew Mexico Court of Appeals · 1977
- City of Phoenix v. South Bank Corp.Court of Appeals of Arizona · 1982
- Cutter Flying Service, Inc. v. Property Tax DepartmentNew Mexico Court of Appeals · 1977
3 more not listed; retrieve them via the Exa API.