28.5.3 Standing to Bring Suit.

• Jurisdiction: Arizona

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...