State Ex Rel. Herman v. Cardon

STRUCKMEYER, Vice Chief Justice.

The State of Arizona and the County of Gila brought this action against Wilford, Phyllis, Elijah, and Marjorie Cardón to obtain relief from an asserted wrongful damage to certain public streets in Payson, Arizona. The Superior Court of Gila County denied any relief. The Court of Appeals reversed, 23 Ariz.App. 82, 530 P. 2d 1115, and we accepted review. Opinion of the Court of Appeals vacated. Judgment of the Superior Court affirmed.

In 1949, a tract of land in Payson, Arizona was subdivided into blocks, lots, and streets. Appellees acquired three adjoining lots…