City of Phoenix, a Municipal Corporation, Plaintiff/appellee v. John E. Garretson as Trustee of the Emery E…

Summary

The court held that eliminating an owner's established access to an abutting road may damage private property requiring just compensation under the Arizona Constitution, even when other access remains. It distinguished compensable destruction or substantial impairment of an access right from noncompensable changes in traffic flow or roadway configuration, and held that alternative access bears on damages rather than defeating the claim. The court reversed the partial summary judgment for the City, vacated the court of appeals' opinion, and remanded for further proceedings.