Cook v. Town of Pinetop-Lakeside
232 Ariz. 173
Ariz. Ct. App.2013Background
- Cook sues Town of Pinetop-Lakeside in a quiet title action seeking to clear his title to property formerly abandoned to him by the Town.
- Town moved for summary judgment arguing Cook’s claim was time-barred under A.R.S. § 12-821 (one-year accrual).
- Town adopted an abandonment of the 2001 parcel; a 2007 resolution rescinded that abandonment and was recorded.
- Cook was in possession since 2001; the 2007 resolution created a cloud on the title but did not show damages to Cook.
- Trial court granted summary judgment; on appeal the court held § 12-821 applies and accrual did not bar a quiet title action; case remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 12-821 applies to Cook’s quiet title claim | Cook argued § 12-821 does not apply; the claim is not for damages. | Town argued § 12-821 applies to all actions against a public entity, including quiet title. | Yes, § 12-821 applies to Cook’s quiet title against Town. |
| When did Cook’s quiet title action accrue | Accrual did not occur because Cook had not been damaged and no one infringed possession. | Accrual would occur when Town rescinded the abandonment and harmed possession/damages. | Accrual did not bar the quiet title; the action is not barred by the one-year limit. |
| Whether quiet title accrual is governed by damages accrual rules or continuous-cloud doctrine | Quiet title is a cloud-removal action and does not accrue while in possession. | Damages-based accrual applies to claims for damages; quiet title seeks title, not damages. | Quiet title remains a continuous action until the cloud exists and possession remains; not time-barred. |
Key Cases Cited
- Flood Control Dist. of Maricopa Cnty. v. Gaines, 202 Ariz. 248 (Ariz. App. 2002) (unambiguous one-year limit applies to all actions against public entities)
- Mabery Ranch Co., 216 Ariz. 233 (Ariz. 2007) (damages accrual; quiet title may not accrue like damages when continuing ownership exists)
- Morgan, 13 Ariz. App. 193 (Ariz. App. 1970) (cloud on title doctrine; owner in possession not barred)