Yuma Valley Land Co., LLC. v. City of Yuma

227 Ariz. 228, 256 P.3d 625 (2011)

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Yuma Valley Land Co., LLC. v. City of Yuma

Arizona Court of Appeals
227 Ariz. 228, 256 P.3d 625 (2011)

  • Written by Tanya Munson, JD

Facts

Yuma Valley Land Company, Territorial Real Estate, Parkway Place Development, and Saguaro Desert Land (the developers) (plaintiffs) owned real property in an unincorporated area (the property) outside the limits of the City of Yuma (the city) (defendant). The city did not provide water and sewer services to the property. The developers sued the city, seeking confirmation that the city was required to provide water and sewer services to the property. The developers argued that because the city had installed water and sewer lines adjacent to the property, the city had precluded the developers from providing water or sewer service to the property without contracting with the city. The developers sought a declaratory judgment confirming that the city could not require payment of developments as a condition to provide water and sewer service to the property and that the city was required to provide the services at the rates in the city’s development fee schedule. The city argued that it had no legal obligation to provide such services to nonresidents, including to the property, and the superior court granted the city’s motion to dismiss.

Rule of Law

Issue

Holding and Reasoning (Brown, J.)

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