Folk v. City of Phoenix

OPINION

OGG, Acting Presiding Judge.

The sole issue presented in this appeal is whether the trial court was legally correct in dismissing the three counts of plaintiffs’ complaint.

The plaintiff/appellants filed an action seeking a declaratory judgment as to the rights of the defendant/appellee City of Phoenix to construct a series of roadways through an area in Maricopa County, commonly known as Dreamy Draw. The appellants also seek a declaration of their rights as to certain claimed prescriptive easements over the subject property.

The City filed a Rule 12(b)(6), Rules of Civil Procedure, 16…