Arizona Appellate Blog - Osborn Maledon

Saldate v. Montgomery – 1/31/2012

February 28, 2012

Arizona Court of Appeals Division One Holds That a Tie Vote by a Quorum of the Maricopa County Employee Merit System Commission Renders that Administrative Decision Without Force and Effect.

Nunez v. Professional Transit Management of Tucson, Inc. (2/23/2012)

February 28, 2012

Arizona Supreme Court Holds That Common Carrier Has the Duty to Exercise Only Reasonable Care, Not the Highest Degree of Care Practicable Under the Circumstances.

Bonito Partners, LLC v City of Flagstaff – 2/21/2012

February 28, 2012

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

Murphy Farrell Development, LLLP v. Sourant – 2/16/2012

February 21, 2012

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.

Higginbotham v. AN Motors of Scottsdale – 2/2/2012

February 20, 2012

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.

Democratic Party of Pima County v. Ford – 1/27/2012

February 13, 2012

Arizona Court of Appeals Division Two Holds That a Trial Court Has Broad Discretion Under A.R.S. § 39-121.02(B) to Award Attorneys’ Fees to a Party Who Seeks Public Records and Substantially Prevails.

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Andrew G. Pappas

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Brandon T. Delgado
Andrew Haynes
Allie Karpurk
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Joshua J. Messer
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Stefan Oakley
Sarah Pook Lawson
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AzApp Blog Covering Arizona's Appellate Courts

Saldate v. Montgomery – 1/31/2012

Nunez v. Professional Transit Management of Tucson, Inc. (2/23/2012)

Bonito Partners, LLC v City of Flagstaff – 2/21/2012

Murphy Farrell Development, LLLP v. Sourant – 2/16/2012

Higginbotham v. AN Motors of Scottsdale – 2/2/2012

Democratic Party of Pima County v. Ford – 1/27/2012

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