By Howard Fischer | Capitol Media Services | Arizona Business Gazette
The state Court of Appeals slapped down efforts by Phoenix to avoid paying damages to the owner of a property that lost access to traffic from Jefferson Street because of light rail.
Attorneys for the city conceded the project permanently blocked two driveways facing Jefferson Street. They said, however, that John Garretson still had access from Madison Street.
That, the lawyers argued, means he suffered no loss. A trial judge agreed, throwing out Garretson’s claim.
But Judge Michael Brown, writing for the unanimous court, said Garretson has raised genuine issues of whether the city’s action “materially impaired” the right of access and, in doing so, diminished the value of his property. He said that entitled Garretson to take his case to court.
