Yearly Archives: 2017

State ex rel. Brnovich v. City of Tucson – 8/17/2017

September 6, 2017
Arizona Supreme Court holds that (1) a law permitting legislators to require Attorney General to investigate and litigate a municipality’s alleged violation of state law is constitutional, and (2) a generally applicable state statute regarding disposal of firearms supersedes local ordinance regarding disposal of firearms.

Sirrah Enterprises v. Wunderlich – 8/9/2017

September 5, 2017
The Arizona Supreme Court holds that the successful party on a claim for breach of the implied warranty of workmanship and habitability qualifies for an attorney-fee award under either a contractual fee provision or A.R.S. § 12-341.01.

Sign Here Petitions LLC v. Chavez – 8/29/2017

September 5, 2017
Arizona Court of Appeals Division One holds that a plaintiff suing for defamation must meet a heightened standard at summary judgment by showing with convincing clarity that considering all of the circumstances the allegedly defamatory statement is capable of defamatory meaning from the point of view of a reasonable person.

Pawn 1st, LLC v. City of Phoenix – 8/10/2017

September 5, 2017
The Arizona Supreme Court holds that (1) to obtain an area variance, an applicant must show that strictly applying a zoning ordinance will cause “peculiar and exceptional practical difficulties” that deprive a property of privileges enjoyed by other similarly zoned properties, and (2) the applicant’s desire to use the property for purposes allowed on other similarly zoned properties does not constitute a self-imposed special circumstance justifying denial of an area variance.