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   State Courts - Arizona - April 6 - April 21, 2004

  
Redelsperger v. City of Avondale, 1 CA-CV 03-0309, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, April 6, 2004, Filed
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Overview: Approval of a conditional use permit to construct a storage facility was not a legislative matter subject to referendum; the approval decision was administrative because the zoning commission was guided by objective criteria and standards.

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Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C. v. Pima County, 2 CA-CV 2003-0069, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, April 8, 2004, Opinion Filed
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Overview: In a law firm's breach of contract suit, the trial court erred in finding the County breached the covenant of good faith and fair dealing by refusing to authorize funding beyond the terms of the parties' contract to defend a county attorney.

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State v. Nieves, 1 CA-CR 02-0937, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, April 15, 2004, Filed
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Overview: A trial court committed reversible error by finding sufficient evidence, other than defendant's own statements, to establish her guilt of the first-degree premeditated murder of her infant daughter; the corpus delicti rule was not satisfied.

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Owen v. Blackhawk, Arizona Supreme Court No. CV-03-0430-PR, SUPREME COURT OF ARIZONA, April 19, 2004, Decided
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Pleak v. Entrada Prop. Owners' Ass'n, Arizona Supreme Court No. CV-03-0310-PR, SUPREME COURT OF ARIZONA, April 20, 2004, Filed
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Overview: Appellate court correctly held that common law dedications of roadway easements for public use were still viable in Arizona and, contrary to property owners' association assertion, such dedication had been validly made to residents of development.

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State v. Oppido, 1 CA-CV 03-0620, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, April 20, 2004, Filed
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Overview: The requirement to spend at least 15 consecutive days in jail before being eligible for home detention applied to a person whose sentence for extreme driving under the influence had been suspended.

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Galaz v. Stewart, Arizona Supreme Court No. CV-03-0180-PR, SUPREME COURT OF ARIZONA, April 21, 2004, Filed
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Overview: Commutation of defendant's two concurrent sentences for assaults committed while on probation for felony convictions, from 25 years to life to 19.75 years, did not convert manner in which sentences were to be served from "flat time" to "soft time."

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State ex rel. Ariz. Dep't of Revenue v. Capitol Castings, Inc., Arizona Supreme Court No. CV-03-0250-PR, SUPREME COURT OF ARIZONA, April 21, 2004, Filed
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Overview: Court erred in holding that certain items purchased by manufacturer for use in its foundry facilities did not qualify for a use tax exemption because all of the items had close nexus to manufacturing process, as they directly touched raw materials.

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