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| Orsett/Columbia L.P. v. Superior Court , 1 CA-SA 03-0171,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, January 29, 2004, Filed
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Overview: A trial court erred in granting a county a leasehold interest in a commercial building by condemnation for 23 months, because state law did not authorize the county to condemn a mere leasehold interest in a privately owned commercial building.
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| Pence v. Glacy, 1 CA-CV 02-0520,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, January 29, 2004, Filed
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Overview: Order awarding judgment to a creditor in a debtor's action for false recording of a lien was upheld; whether the creditor knew or had reason to know that the deed of trust that he recorded on the debtor's property was invalid was a question of fact.
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| Phelps v. Firebird Raceway, Inc., 1 CA-CV 03-0404,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 29, 2004, Filed
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Overview: Summary judgment was properly awarded to a race track in a driver's negligence action, as a release and waiver that driver signed before entering a race barred his claim against race track for failing to rescue him more quickly after an accident.
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| Raven Rock Constr., L.L.C. v. Bd. of Supervisors, 1 CA-CV 03-0270,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, January 29, 2004, Filed
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Overview: Consistent with the statutory directives, a county board of supervisors could establish procedures to exempt property from the application of certain county ordinances.
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| Booth v. State, 2 CA-CV 2003-0097,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 30, 2004, Filed
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Overview: A trial court properly submitted a motorist's negligence claim against the State to the jury; there was no pervasive public policy reason for immunizing the State from liability from all injuries caused by wild animals.
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| State v. Rivera, 2 CA-CR 2001-0445,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, January 30, 2004, Filed
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Overview: As "driving" and "actual physical control" were alternative (and not mutually exclusive) ways of committing DUI offense, and defendant had sufficient notice that State was proceeding under both theories, his due process rights were not violated.
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| Speros v. Yu, 1 CA-CV 02-0736,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, February 3, 2004, Filed
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Overview: A trial court correctly found that a portion of an alley that separated two lots was not the exterior boundary of a subdivision or other tract of land. Thus, title to the abandoned alley was properly divided between the owners of the abutting lands.
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| State v. Long, 1 CA-CR 02-0960,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, February 3, 2004, Filed
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Overview: Defendant's 20-year sentence for sexual exploitation of a minor was not cruel and unusual punishment because defendant threatened the victim to force her to engage in sexual intercourse, and defendant did so while in a position of authority.
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| Chartone, Inc. v. Bernini, 2 CA-SA 2003-0107, 2 CA-SA 2003-0108 (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, February 6, 2004, Filed
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Overview: In a breach of contract case, a judge did not have the authority to refer the damages portion of a bifurcated trial to a special master because the rule regarding special masters only applied to nonjury trials.
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