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   State Courts - Arizona - November 22 - November 26, 1999

  
Bills v. Arizona Prop. & Cas. Ins. Guar. Fund, Supreme Court No. CV-99-0098-PR, SUPREME COURT OF ARIZONA, November 22, 1999, Decided , November 22, 1999, Filed
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Babe's Cabaret v. City of Scottsdale, 1 CA-CV 98-0102, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, November 23, 1999, Filed
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Overview: There was no state preemption of local regulation over erotic entertainment at licensed liquor establishments. Arizona legislature expressly provided that municipalities may legislate in this area.

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Herman v. City of Tucson, 2 CA-CV 99-0064, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 23, 1999, Filed
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Overview: Summary judgment in favor of city vacated, because festival was not a recreational use and plaintiff was not a recreational user under the recreational use statute, defendant was not entitled to qualified immunity.

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State v. Bonnewell, 1 CA-CR 98-0973, 1 CA-CR 98-0977, 1 CA-CR 98-0978, 1 CA-CR 98-0979, (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, November 23, 1999, Filed
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Overview: Defendants convicted for setting a leghold trap in violation of a state statute claimed that the statute violated the state and United States constitutions, which was refuted because the statute served a legitimate government purpose.

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State v. Garza, 2 CA-CR 99-0185, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, November 23, 1999, Filed
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Overview: Despite the trial court's inconsistent findings, the court's observation of aggravated assault victim's demeanor and her concern for nearby children supported conclusion she was in reasonable apprehension of imminent physical injury.

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Frederikson v. Maricopa County, 1 CA-TX 98-0018, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, November 26, 1999, Filed
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Overview: Plaintiff taxpayers were precluded from filing a tax court appeal to their property tax assessment because they did not file the appeal prior to the deadline in the year that their property was valued by defendant county.

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Gibbons v. Indus. Comm'n, 1 CA-IC 99-0076, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, November 26, 1999, Filed
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Overview: In order for the industrial commission to have jurisdiction over a disability insurer, the disability insurer must have claimed a direct payment from or a direct credit against a claimant's workers' compensation benefits.

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J.C. Penney v. Lane, 1 CA-CV 99-0095, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, November 26, 1999, Filed
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Overview: Plaintiff creditor had to file affidavit for default judgment renewal with the court that granted the original judgment to obtain renewal, and the court clerk's mistake did not preclude defendant debtors' right to timely appeal.

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State Comp. Fund v. Yellow Cab Co., 1 CA-CV 99-0108, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, November 26, 1999, Filed
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Overview: Summary judgment was inappropriate in workers' compensation case when indicia of defendants' control over their alleged employees either did not exist or were disputed, and the trial court ignored facts in defendants' favor.

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