Smith v. Beesley

OPINION

ECKERSTROM, Judge.

¶ 1 This case involves a land use dispute concerning a driveway built by the appellees Peter Beesley and Carol Booth (hereinafter “Beesley”) over a drainage easement in the Kohl’s Tonto Creek Ranch subdivision. Appellant Otis Smith, who owned a lot adjacent to the easement, filed an amended complaint against Beesley asserting claims of trespass, nuisance, and unlawful alteration of a watercourse pursuant to A.R.S. § 48-3613. After protracted proceedings regarding Smith’s request for injunctive relief, the court held a bench trial on Smith’s claims. It then entered…