Schires v. Carlat (2/8/2021)

February 24, 2021
Arizona Supreme Court holds that the sufficient consideration prong under the Arizona Constitution’s Gift Clause is an objective inquiry, requiring a governmental entity to receive a fair market value return that is proportional to the consideration it paid, without deference to the entity’s assessment of value.

Montano v. Luff (12/21/2020)

February 11, 2021
Arizona Court of Appeals Division Two holds that no inherent conflict exists between A.R.S. § 12-1176’s right to a jury trial in forcible entry and detainer actions and Ariz. R. Proc. Eviction Act. 11(d)’s allowance for bench trials in cases lacking factual disputes.

Dabush v. Seacret Direct LLC (1/8/2021)

February 11, 2021
Arizona Supreme Court holds that a sublessee does not owe a duty to maintain a common area of a property in a reasonably safe condition when the sublessee makes repairs to the property unrelated to the injury that subsequently occurred.