Arizona Court of Appeals Division One Holds That An HOA’s Approval of Two CC&R Violations Among Seventy-Six Parcels Cannot Constitute Waiver and a CC&R Non-Waiver Clause Is Enforceable Absent a Complete Abandonment of the CC&Rs.
Arizona Court of Appeals Division One Holds That 28 U.S.C. § 1367(d) Does Not Toll the Statute of Limitations on Supplemental State Law Claims Where the Federal Action Was Dismissed for Lack of Subject Matter Jurisdiction.
Arizona Court of Appeals Division Two Holds That a Claim Accrues Under the Notice of Claims Statute When the Plaintiff Discovers Enough Facts to Allege an Injury and the Causes of the Injury, Rather Than When an Official Investigation is Completed.
Arizona Court of Appeals Division One Holds That the Administrative Hearing Process for Resolving Disputes Between Homeowners and Homeowners’ Associations Violates the Separation of Powers Provision of the Arizona Constitution.
Arizona Court of Appeals Division One Holds That County Board of Supervisors May Divest the County Attorney of Authority to Represent the County in Civil Litigation Because of Conflicts of Interests or Strategic Disagreements, but Only on a Case-by-Case Basis.