Weintraub v. Flood Control District of Maricopa Co.

McFarland, justice.

Appellee Flood Control District of Maricopa County, a municipal corporation— hereinafter referred to as the District— petitioned this Court for and has been granted a review from a decision of the Court of Appeals, Division One, which reversed a summary judgment in favor of the District, and granted judgment in favor of appellants, E. A. and Morris Weintraub—hereinafter referred to as the Weintraubs. 9 Ariz.App. 202, 450 P.2d 714. Decision of the Court of Appeals vacated.

The Weintraubs owned 2,240 acres of land located a few miles outside the City of Phoenix. On May 23,…