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State Courts -
Arizona - March 26 - April 7, 2009
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Jones v. Paniagua, 1 CA-CV 08-0225 EL, 1 CA-CV 08-0499 EL (Consolidated),
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 26, 2009, Filed
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Overview: Ariz. Rev. Stat. § 19-142(A) required city to base referendum signature requirement on most recent mayoral or council election prior to the referendum petition application, because Phoenix, Ariz., City Charter, Ch. XVI, § 3 conflicted with the statute, it was invalid. Resident was properly awarded attorney's fees under Ariz. Rev. Stat. § 12-2030.
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Devries v. State, No. 1 CA-CV 07-0399,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 31, 2009, Filed
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Overview: In a suit stemming from a fatal one-vehicle accident involving an intoxicated driver, the trial court did not err in permitting the State to assert qualified immunity under Ariz. Rev. Stat. § 12-802.02(A)(7) because the statute was a constitutional exercise of legislative authority and a grant of immunity under Ariz. Const. art. IV, pt. 2, § 18.
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Staples v. Concord Equities, L.L.C., 1 CA-TX 08-0003,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, March 31, 2009, Decided
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Overview: Roll-over provision, Ariz. Rev. Stat. § 42-16002(B), applied because the taxpayer pursued an appeal to the State Equalization Board and tax court under statutes in Articles 2 and 4 of chapter 16; appeal initiated under Ariz. Rev. Stat. § 42-16051(A) and culminating in tax court review under Ariz. Rev. Stat. § 42-16168(A) fell within § 42-16002(B).
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Bailey-Null v. ValueOptions, No. 1 CA-CV 08-0156,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, April 7, 2009, Filed
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Overview: Pursuit of administrative remedies before the Arizona Department of Health Services was not a prerequisite to filing suit on claims of medical malpractice and assault and battery and claims under the Arizona Adult Protective Services Act, Ariz. Rev. Stat. § 46-451 et seq., or the Arizonans with Disabilities Act, Ariz. Rev. Stat. § 41-1492 et seq.
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