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New Division One panels announced – 4/24/2023
April 28, 2023
The Arizona Court of Appeals Division One released the panel assignments for July 1, 2023 through December 31, 2023.
Vereit Real Est., LP v. Fitness Int’l, LLC – 4/11/2023
April 21, 2023
Arizona Court of Appeals, Division One, holds that state-mandated closures due to COVID-19 did not excuse a commercial tenant’s obligation to pay rent.
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.