Residents of Yarnell who lost their homes in the 2013 blaze have no legal right to sue the state for failing to save their homes, the Arizona Court of Appeals ruled Thursday.
In an extensive decision, the court rejected the contention of the homeowners' attorney that the state, which was trying to contain the wildfire that started on public lands, had some duty to also protect the structures. Judge Kent Cattani, writing for the unanimous court, said that is not true.
Potentially more significant, the judge said forcing the state to defend private properties simply because it already is fighting the fire on public lands "would lead to perverse incentives.''