Mosher v. City of Phoenix

In Mosher v. City of Phoenix, 39 Ariz. 470, 7 P.2d 622 (1932), the City of Phoenix condemned abutting property to carry out a road-widening project. Id. at 472, 7 P.2d at 623. The City filed eminent domain proceedings against all owners whose property was condemned to determine the amount of compensation, if any. Id. Mosher, one of the property owners, argued he was entitled to compensation arising from the destruction of a sidewalk he built on his property prior to the project. Id. at 482, 7 P.2d at 626-27. Citing the damages clause, our supreme court noted that "it is generally held that a change in the established grade of a street, which injuriously affects the value of adjoining property, is damage. The damage is to the easement of ingress and egress." Id. at 482, 7 P.2d at 627. By analogy, the court found that "if through the destruction of a sidewalk or pavement on a street already established the easement of ingress or egress is injured, damages may be recovered therefor, and the measure thereof is the same as in a change of grade." Id. at 483, 7 P.2d at 627.