OPINION DOWNIE, Judge. 1 This is a property tax challenge to the classification of property located on State-owned land. The Arizona Tax Court granted summary judgment to defendant/appellee Maricopa County (the "County"), concluding it had properly classified plaintiffs'/appellants' ("Taxpayers") property as class one. We reverse and hold that the property should be classified as class nine because the necessary governmental reversionary interest exists. FACTS AND PROCEDURAL HISTORY 2...
OPINION SWANN, Judge. 1 This case presents the question whether A.R.S. 12-341.01(A) authorizes the award of attorneys fees to the prevailing party in actions for breach of fiduciary duty, fraudulent conveyance, and accounting. We conclude that such claims are based on duties imposed by law, not by express or implied promises, and therefore do not "aris[e] out of a contract" within the meaning of the statute. Accordingly, we vacate the superior courts award of fees. FACTS AND PROCEDURAL...
OPINION HALL, Judge. 1 Plaintiffs LeAnne and Lawrence Short appeal from the trial court's dismissal as to some defendants and summary judgment as to others of their medical malpractice claim. The Shorts filed this action outside the statute of limitations pursuant to relief granted in a previous action under Arizona Revised Statutes (A.R.S.) section 12-504(A) (2003), known as the savings statute. Defendants did not seek appellate review of that determination. Instead, defendants sought and...
OPINION KELLY, Judge. 1 In this appeal from the trial court's grant of summary judgment in favor of Global Horticultural Inc. and Berger Group Ltd., appellants Miidas Greenhouses and Invernaderos Santa Fe argue the court erred in concluding the economic loss rule barred their tort claims in this action. We agree and therefore vacate the court's judgment. Background 2 "On appeal from a grant of summary judgment, we view all facts and reasonable inferences therefrom in the light most...
ESPINOSA, Judge. 1 In this special action, the State of Arizona seeks relief from the respondent judges' orders precluding the state from presenting voice recognition testimony at trial. 1 The question raised is whether the respondents abused their discretion in precluding the state's witness from testifying in the underlying criminal proceedings against the defendants, real-parties-in-interest herein, that, having monitored and transcribed numerous telephone conversations during a wiretap...
OPINION BROWN, Judge. 1 This is a special action review of an Industrial Commission of Arizona ("ICA") award and decision upon review finding that the respondent employee ("Claimant") is entitled to continuing supportive care. The petitioner employer, Bank One Corporation ("Bank One"), argues the administrative law judge ("ALJ") erred in concluding that Brown v. Industrial Commission precluded the ALJ from considering whether Claimant's medications should be modified based on a review...
OPINION KELLY, Judge. 1 Petitioner Victor Rodriguez seeks review of the trial court's May 13, 2010, order denying his petition for post-conviction relief filed pursuant to Rule 32, Ariz. R.Crim. P. We will not disturb that ruling unless the court clearly has abused its discretion. State v. Swoopes, 216 Ariz. 390, 4, 166 P.3d 945 , 948 (App.2007). 2 Rodriguez was convicted after a jury trial of aggravated driving under the influence of intoxicating liquor (DUI) and aggravated...
OPINION OROZCO, Judge. 1 Ned Morris (Morris) appeals from the trial court's denial of his Arizona Rule of Civil Procedure 60(c)(6) motion for relief from final judgment. The trial court dismissed Morris's medical malpractice action against Peter N. Giovan, M.D. (Dr. Giovan) because it was filed outside the two year statute of limitations. Morris argues he is entitled to relief under Rule 60(c)(6) because the statute of limitations was tolled pursuant to 28 United States Code (U.S.C.)...
OPINION DOWNIE, Judge. 1 Edward Schrader appeals from a judgment finding him guilty of forcible detainer. Because the superior court improperly applied service of process rules applicable to special detainer proceedings, we vacate the judgment. FACTS AND PROCEDURAL HISTORY 2 On September 9, 2009, Arizona Real Estate purchased a Scottsdale home at a trustee's sale. Arizona Real Estate gave Schrader, the current occupant and previous owner, written notice to vacate the premises. When...
OPINION BRAMMER, Presiding Judge. 1 Ralph Anderson appeals from the superior court's order affirming the Arizona Game and Fish Commission's decision revoking his hunting, fishing and trapping licenses (referred to herein as licenses) and denying him the right to secure additional licenses for a period of ten years consecutive to a previously imposed revocation term. Anderson argues on appeal that the Commission lacked the statutory authority under A.R.S. 17-340 to impose consecutive...
OPINION SWANN, Judge. 1 Home Builders Association of Central Arizona ("HBA") appeals the superior court's decision that the City of Mesa's cultural facilities development fee is lawful under A.R.S. 9-463.05. HBA asks us to determine whether Mesa's cultural facilities are "necessary" public services within the meaning of A.R.S. 9-463.05(A), and we conclude that they are. We hold that Mesa may impose the cultural facilities development fee under the statute because the maintenance of the...
GEMMILL, Judge. 1 In this special action, the Maricopa County Attorney challenges the trial court's determination that the Maricopa County Board of Supervisors ("Board") was lawfully entitled to (1) retain independent legal counsel to advise it about whether the County Attorney had conflicts of interest in representing the Board and (2) create and fund litigation departments, separate from the County Attorney's office, to handle the county's civil legal matters. Resolving these issues...
OPINION BROWN, Judge. 1 Defendant Carefree Foothills Homeowners' Association (the "HOA") appeals a jury verdict in favor of plaintiff David Vanyo, as trustee for College Book Centers, Inc., 401 Profit Sharing Plan ("Vanyo"). The HOA argues that the trial court erred in denying its motions for judgment as a matter of law ("JMOL") as to all three of Vanyo's claims: (1) whether the HOA waived a provision of the Declaration of Covenants, Conditions, and Restrictions ("CC&Rs") prohibiting non-...
OPINION OROZCO, Judge. 1 Appellant-Plaintiff Clifford J. Ochser (Ochser) appeals the trial court's grant of summary judgment in favor of Appellees-Defendants Funk, et al. (collectively, Defendants). For the following reasons, we affirm the trial court's grant of summary judgment in favor of Defendants. FACTS AND PROCEDURAL HISTORY 2 When reviewing motions for summary judgment, we view the facts in the light most favorable to the non-moving party and the party against whom summary...
OPINION NORRIS, Judge. 1 Sherman E. Unkefer appeals the superior court's denial of his motion to vacate a criminal restitution order ("CRO") entered by the court 12 years after he had completed his prison sentence. On appeal, he argues the 12-year delay by itself violated Arizona Revised Statutes ("A.R.S.") section 13-805 (2010). As relevant here, this statute states a CRO "shall" be entered "at the time" the defendant completes his or her period of probation or sentence (collectively, "...
OPINION BROWN, Judge. 1 Appellants Canyon Ambulatory Surgery Center ("Canyon") and El Dorado Surgery Center ("El Dorado") (collectively the "Surgery Centers") appeal the trial court's dismissal of their claims against SCF Arizona 1 ("SCF") for alleged violation of SCF's statutory and contractual obligations to pay workers' compensation benefits for services rendered on behalf of injured workers. The Surgery Centers also challenge the court's grant of partial summary judgment finding SCF...
OPINION HOWARD, Chief Judge. 1 Appellant David Hamill appeals from the trial court's summary judgment in favor of appellee Mid-Century Insurance Company (hereinafter Mid-Century). He claims the court erred in determining he was not entitled to recover under the underinsured motorist provision (UIM) of his automobile liability policy with Mid-Century. Because the court correctly determined that Hamill's UIM provision does not afford coverage, we affirm. Factual and Procedural Background...
OPINION ESPINOSA, Judge. 1 Petitioner James Petty seeks review of the trial court's order summarily dismissing his successive notice of post-conviction relief filed pursuant to Rule 32, Ariz. R.Crim. P. For the reasons stated below, we grant his petition for review and grant relief. Factual and Procedural Background 2 Petty was convicted of theft by control or misrepresentation pursuant to a plea agreement entered in May 2009. The trial court sentenced him to a partially aggravated...
OPINION WINTHROP, Judge. 1 The Maricopa County Sheriff and Maricopa County Attorney 1 ("Appellants") challenge a superior court ruling denying Appellants' motion for summary judgment, granting Appellees' cross-motion for summary judgment, and dismissing Appellants' claims. For the following reasons, we affirm the superior court's ruling. FACTS AND PROCEDURAL HISTORY 2 In June 2008, the Arizona Legislature passed, and Governor Janet Napolitano signed, House Bill 2275 (the "bill"), which...
