The Supreme Court holds that the superior court can adjudicate a challenge to an agency’s subject matter jurisdiction in a collateral proceeding because a judgment entered by a tribunal lacking subject matter jurisdiction is void.
Ariz. Pub. Serv. Co. v. Ariz. Corp. Comm’n – 3/7/2023
April 4, 2023
Arizona Court of Appeals, Division One, holds that the Arizona Corporation Commission may not consider customer service in exercising its ratemaking authority to determine the return on equity.
Arizona Supreme Court clarifies test for determining whether municipal development fees are lawful.
City of Flagstaff v. Ariz. Dep’t of Admin., – 2/21/2023
April 4, 2023
Arizona Court of Appeals Division One holds that a municipality cannot establish irreparable harm by relying on a potential financial penalty or assessment.
Worldwide Jet Charter, Inc. v. Christian – 3/9/2023
March 17, 2023
Arizona Court of Appeals Division One holds that Section 23-1502 of the Arizona Employment Protection Act supersedes common law constructive discharge claims.
Arizona Supreme Court holds that a title insurance policy exclusion applies whenever insured’s action creates the risk of a coverage-triggering event.