State v. Dawson

OPINION

MOELLER, Vice Chief Justice.

FACTS

Respondents and real parties in interest Ben N. McGowen and H. Gail Knuckey *611(McGowen) filed a complaint in inverse condemnation in the Gila County Superior Court against petitioner, the State of Arizona (state). The amended complaint sought damages for a taking of McGowen’s land along State Route 288 between Globe and Young, Arizona, as a result of runoff water discharged onto McGowen’s property. The Arizona Highway Commission adopted a resolution in 1959 purporting to establish a road on the land, but eminent domain procedures had never been instituted…