Hensley v. Town of Peoria

DONOFRIO, Judge.

This is an appeal from a summary judgment granted in favor of the appellee, Town of Peoria, defendant in the Superior Court, and against the appellants, Richard Hensley and his wife, plaintiffs in the trial court. For convenience the parties will be referred to as they appeared in the trial court.

The sole question determinative of this appeal is whether the Superior Court erred in granting defendant’s motion for summary judgment. The law in Arizona establishes that a motion for summary judgment can be granted only when there is no genuine issue as to any material facts, and…