Arizona Court of Appeals Division One Holds that Courts in Takings Clause Cases Must First Examine the Government Action at Issue Under the Due Process Clause Before Undertaking a Takings Clause Analysis and Also Holds That a City Ordinance Requiring Private Owners to Pay for Repairs to Sidewalks Abutting their Property Is a Valid Exercise of Police Power and is Not an Unconstitutional “Special Tax” or “Local or Special Law,” and that Arizona Statutes Give Cities the Authority to Enact
Arizona Court of Appeals Division One Holds That (1) a Trial Court Does Not Err in Failing to Impose a Constructive Trust on Property When There Is No Connection Between the Defendant’s Breach of an Agreement and the Defendant’s Acquisition of Rights to the Property, and (2) a Trial Court Does Not Have Discretion to Refuse to Award Attorneys’ Fees to a “Prevailing Party” in Litigation When a Mandatory Contract Provision Applies.
Arizona Court of Appeals Division One Holds that in a Vicarious Liability Negligence Action Against an Employer, an Employee Running a Personal Errand or Taking a Refreshment Break During Work Hours Is Not as a Matter of Law Outside the Scope of Employment.
Arizona Court of Appeals Division One Holds That Life Insurance Proceeds Paid to a Decedent’s Beneficiary are Exempt From Claims of Creditors of Decedent’s Estate Pursuant to A.R.S. § 20-1131(A) and That This Statutory Protection Can Only Be Waived Through Clear, Effective Language.