Pima Cnty. v. Bilby

In Pima Cnty. v. Bilby, 87 Ariz. 366, 351 P.2d 647 (1960), a property owner sued Pima County after it altered the grade of the street abutting the owner's property. Id. at 369-70, 351 P.2d at 649. Concluding that such action by the county was compensable under the damages clause, the court reasoned 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 371, 351 P.2d at 650, The court explained further: When the means of ingress and egress of premises abutting upon a public street to and from the street are physically obstructed by the manner in which the street is used, altered, or improved under legislative authority, whether the new use is or is not a legitimate street use, or whether the abutter or the public owns the fee, the owner of such premises is entitled to compensation so far as such impairment of access depreciates the market value of his or her property. Bilby, 87 Ariz. at 372, 351 P.2d at 650.