28.5.3 Standing to Bring Suit.

JurisdictionArizona

28.5.3 Standing to Bring Suit. The vast majority of Arizona case law on trespass involves landowners seeking to vindicate their possessory rights against a trespassing defendant.41 However, in certain circumstances, other individuals, typically those with a possessory interest in the property, may also bring suit.

For example, in England v. Ally Ong Hing , a defendant challenged a lessee’s standing to bring suit to enjoin the building of a dike that impacted its use of property which it was leasing.42 The defendant claimed that the owner of the property leased to the plaintiff, the United States Government, was the only proper defendant.43 The Arizona Supreme Court held that the building of a dike on the land was “clearly a trespass” and concluded “[a] lessee of real property has standing to sue for damages to his rights of possession caused by a third person.”44

There is some support for the proposition that a neighborhood association may be able to bring a trespass claim on behalf of its members.45 In Armory Park Neighborhood Association v. Episcopal Community Services in Arizona, a neighborhood association sought an injunction against a shelter that was providing free meals to the homeless. Although...

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