Arizona Court of Appeals Division One holds a party cannot collaterally attack an agency’s jurisdiction where the party previously challenged jurisdiction in an administrative proceeding but failed to timely appeal the agency’s decision.
Ray and Lindsay – 11, LLC v. Town of Gilbert – 9/7/2021
January 19, 2022
Arizona Court of Appeals Division One holds that mutual agreements between a city and landowner, in which the landowner agrees to reimburse the city for improvements, are development agreements authorized and governed by A.R.S. § 9-500.05, and are not circumscribed as assessments under A.R.S. § 9-243.
Diaz v. BBVA USA – 1/7/2022
January 19, 2022
Arizona Court of Appeals, Division Two, holds that bankruptcy discharge of obligation to make payments on a home equity loan does not extinguish bank’s ability to foreclose.
Underwood v. Wilczynski – 12/16/2021
January 5, 2022
Court of Appeals Division Two holds property with legal access to outlet but without existing roadway was entitled to use portion of federal right-of-way to construct a roadway across neighboring properties.
Magellan Health, Inc. v. Duncan – 12/14/2021
January 3, 2022
Arizona Court of Appeals Division One holds that a federal district court’s dismissal of a case “with prejudice” on jurisdictional grounds does not have preclusive effect on the underlying claims.
Grunwald v. Scottsdale Healthcare Hosps. – 8/31/2021
January 3, 2022
Arizona Court of Appeals Division One holds that health care services organizations are the equivalent of HMOs.
