Arizona, March, 2002, State Case law

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State Courts - Arizona - March 7 - March 14, 2002

Ariz. Dep't of Revenue v. Ariz. Outdoor Advertisers, Inc., 1 CA-TX 99-0012, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, March 7, 2002, Filed
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Overview: Tax court correctly found billboards were personal property not taxed as income from the commercial leasing of real property; in upholding, appellate court instituted a new "reasonable person" test departing from traditional fixtures analysis.

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Crowe v. Hickman's Egg Ranch, 1 CA-CV 00-0410, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 12, 2002, Filed
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Overview: Mississippi contractor's failure to be licensed in Arizona when a contract to build hen houses and an egg processing plant in Arizona was entered into and when the cause of action arose was a complete bar to an action for payment on the contract.

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Ruth Fisher Elem. Sch. Dist. v. Buckeye Union High Sch. Dist., 1 CA-CV 01-0133, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, March 12, 2002, Filed
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Overview: Students living in common school district that did not have a high school were eligible to attend high school in another school district as tuition students; they were not given choice by statute to attend as open enrollment students.

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State v. Hylton, 1 CA-CR 01-0631, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, March 14, 2002, Filed
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Overview: Trial court erred when it placed Proposition 200 defendant, probation violator, on unsupervised probation for one year, when original standard probation term was for three years. Statute required reinstatement to probation with additional terms.

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Swanson v. Image Bank, 2 CA-CV 2001-0069, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 14, 2002, Filed
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Overview: Arizona had a fundamental policy of permitting a treble damage award, notwithstanding the parties' choice of another state's law to govern their agreement, when the employer's withholding of wages was unreasonable and in bad faith.

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Varsity Gold, Inc. v. Porzio, 1 CA-CV 01-0304, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, March 14, 2002, Filed
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Overview: Where non-compete covenant's geographic limitation was overbroad, the covenant was unreasonable and could not be enforced as written against employee.

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