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IN RE SCHUGG

No. CV-05-02045-PHX-JAT.

In re Michael Keith Schugg, dba Schuburg Holsteins, Debtor. In re Debra Schugg, Debtor. G. Grant Lyon in his capacity as Chapter 11 Trustee of the bankruptcy estate of Michael Keith Schugg and Debra Schugg; Wells Fargo Bank, Plaintiffs, v. Gila River Indian Community, Defendant.

United States District Court, D. Arizona.

March 31, 2015.

Attorney(s) appearing for the Case

G Grant Lyon, Plaintiff, represented by Alexis Elizabeth Danneman , Perkins Coie LLP, Paul F Eckstein , Perkins Coie LLP & Richard Lorenzen , Perkins Coie LLP.

Wells Fargo Bank NA, Plaintiff, represented by Robert John Miller , Bryan Cave LLP, Bryce A Suzuki , Bryan Cave LLP & Kyle Sylvan Hirsch , Bryan Cave LLP.

Gila River Indian Community, Defendant, represented by James E Tysse , Akin Gump Strauss Hauer & Feld LLP, Jeffrey P Kehne , Hill & Kehne LLC, Karen D Williams , Akin Gump Strauss Hauer & Feld LLP, Linus Everling , Gila River Indian Community, Mark Joseph MacDougall , Akin Gump Strauss Hauer & Feld LLP, Rodney B Lewis , Akin Gump Strauss Hauer & Feld LLP, Thomas P McLish , Akin Gump Strauss Hauer & Feld LLP & Thomas L Murphy , Gila River Indian Community.

Michael K Schugg, Debtor, represented by Colin Patrick Ahler , Snell & Wilmer LLP & Dale C Schian , Schian Walker PLC.

Debra Schugg, Debtor, represented by Philip G Mitchell , Jennings Haug & Cunningham, LLP.

Leo R Beus, Movant, represented by Abigail Morgan Terhune , Beus Gilbert PLLC.

Michael K Schugg, Counter Defendant, represented by Dale C Schian , Schian Walker PLC.

Debra Schugg, Counter Defendant, represented by Philip G Mitchell , Jennings Haug & Cunningham, LLP.

G Grant Lyon, Defendant, represented by Alexis Elizabeth Danneman , Perkins Coie LLP.

G Grant Lyon, Counter Defendant, represented by Paul F Eckstein , Perkins Coie LLP & Richard Lorenzen , Perkins Coie LLP.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

A farmer owns a parcel of land located approximately one-half mile from city limits, accessible only via an easement across another landowner's land. The farmer wishes to build a rural housing subdivision on his property, but the other landowner refuses to...

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