Summary Judgment Granted Against City’s Rights-Of-Way Claims To Access Water Lines
Mealey's (June 17, 2015, 1:54 PM EDT) -- TUCSON, Ariz. — An Arizona federal judge on March 12 granted summary judgment against the City of Tombstone’s claim that it has a right of way to access the Coronado National Forest to repair municipal water lines damaged by floods (City of Tombstone v. United States of America, et al., No. 11-845, D. Ariz.).
(Opinion available. Document #95-150409-001R.)
Tombstone claimed that it has rights of way to access 25 natural springs located in the Coronado National Forest. The federal government in 1908 recognized rights of way...