Home/Arizona Supreme Court/Brasher v. Gibson

Brasher v. Gibson

419 P.2d 505, 101 Ariz. 326, 1966 Ariz. LEXIS 338
CourtArizona Supreme Court
DecidedOctober 19, 1966
Docket8058-PR
StatusPublished
Cited by11 cases

This text of 419 P.2d 505 (Brasher v. Gibson) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brasher v. Gibson, 419 P.2d 505, 101 Ariz. 326, 1966 Ariz. LEXIS 338 (Ark. 1966).

Opinion

STRUCKMEYER, Chief Justice.

This is an action by Charles Brasher and Bessie Brasher, his wife, and Byrt M. Waller and Lucille M. Waller, his wife, against Keaton Gibson seeking an injunction to prevent the obstruction and diversion of waters of the Colorado River and to recover actual and punitive damages. The trial court entered judgment in favor of the defendant, denying plaintiffs all relief. The judgment was reversed in the Court of Appeals, 2 Ariz.App. 91, 406 P.2d 441, and 2 Ariz.App. 507, 410 P.2d 129. Opinions of the Court of Appeals ordered vacated.

The area in dispute concerns a portion of the bottom lands adjacent to the Colorado River, called by the parties Cibola Lake. Near Cibola Lake, the Colorado River, which in general runs in a north-south direction, makes a U bend. The lake lies principally within this bend. See attached overlay to aerial photograph, plaintiffs’ Exhibit 11. The land in the bend on both sides of the lake is owned by the United States Government with the exception of one lot and forty acres owned by defendant and forty acres leased by plaintiffs. Both plaintiffs and defendant are engaged in the businesses of trailer parks and fishing camp rentals.

Prior to the completion of Hoover Dam in 1935, the Colorado River overflowed the

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Cite This Page — Counsel Stack

Bluebook (online)
419 P.2d 505, 101 Ariz. 326, 1966 Ariz. LEXIS 338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brasher-v-gibson-ariz-1966.