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Arizona Court of Appeals Division One Holds that Statute Providing Table for Tax Valuation of Electric Generation Facilities is a Guideline, Not a Rule, and Thus Exempt from Requirements of the Administrative Procedures Act.
Haroutunian v. ValueOptions, Inc. – 7/10/2008
July 23, 2008
Arizona Court of Appeals Division Two Finds that Trial Court Abused Its Discretion When It Required Showings of Good Cause and Excusable Neglect to Obtain Relief Under ARCAP Rules 9(a) and 6(b).
Clark v. Campbell – 7/10/2008
July 23, 2008
Arizona Court OfAppeals Division One Holds That Constable Was Entitled To Notice, An Opportunity To Be Heard, And An Explanation Before The Presiding Judge Exercised His Authority To Reduce The Constable’s Duties.
Neal et. al v. Brown – 7/8/2008
July 10, 2008
Arizona Court ofAppeals Division One Holds that Landlocked Parcel Owner Does Not Have Absolute Right to Enforce Right-of-Way Granted Under Federal Law if Adequate Roadway Already Exists.
Home Builders Ass’n v. Kard – 7/8/2008
July 10, 2008
Arizona Court ofAppeals Division One Holds That A.R.S. § 49-497 Confers Standing on an Organization Acting in a Representative Capacity Seeking Declaratory Relief Concerning the Validity or Construction of a County Rule, Even If the Organization Fails to Satisfy a Traditional Standing Analysis.
Jones v. Cochise County – 6/30/2008
July 8, 2008
Arizona Court of Appeals Division Two Holds That compliance with the notice of claim statute, A.R.S. § 12-821.01, is to be determined by reading the notice as a whole, and a defense that the notice of claim filed did not meet the statutory requirements will be deemed waived if the governmental entity has taken substantial action to litigate the merits of the claim prior to asserting the defense