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Arizona Court of Appeals, Division One, holds that in the navigability-for-title context, a river’s susceptibility to use as a highway for commerce must be based on commercial use.
Workers for Resp. Dev. v. City of Tempe – 1/26/2023
February 14, 2023
The Arizona Court of Appeals, Division One, holds that an Ordinance authorizing the mayor to enter into a development agreement is a referable legislative act, and that a referendum petition strictly complies with the statute even if it deviates from the order set forth in statute, as long as all required components are present.
Shinn v. Ariz. Bd. of Exec. Clemency – 12/21/2022
February 6, 2023
Arizona Supreme Court holds that courts lack authority to enter a retroactive order modifying a criminal sentence unless there is clerical error or mistake in the record.
Wise v. Aspey, Watkins & Diesel Att’ys at Law, PLLC – 2/03/2023
February 6, 2023
The Arizona Court of Appeals Division Two holds that mere inheritors have standing to sue and recover in a wrongful death action under A.R.S. § 12-612 only when none of the statutorily named beneficiaries survive the decedent.
San Carlos Apache Tribe v. State – 11/15/2022
February 6, 2023
The Arizona Court of Appeals Division One holds that a new mining shaft built at an existing site is a “new source” of pollutants under the Clean Water Act, subject to increased environmental quality standards and permitting requirements.
UMB Bank, NA v. Parkview Sch., Inc. – 01/05/2023
February 6, 2023
The Arizona Court of Appeals Division One holds that a notice of claim is not required to be filed before seeking receivership as an exclusively equitable action.