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State Courts -
Arizona - April 28 - May 3, 2006
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Haines v. Goldfield Prop. Owners Ass'n, 1 CA-CV 04-0652,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 1, 2006, Decided , May 1, 2006, Filed
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Haines v. Goldfield Prop. Owners Ass'n, 1 CA-CV 04-0652,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, May 1, 2006, Filed
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Overview: Property owners, association, company, and partnership disagreed about disbursement of assessed funds. Superior court erred in granting summary judgment because of factual issue existed as to whether a trust was created. If trust had not been created, Ariz. Rev. Stat. ?? 10-3140(22), -11301, -11302 prohibited funds' disbursement.
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In re General Adjudication of All Rights to use Water in the Gila River system, Arizona Supreme Court No. WC-02-0003-IR,
SUPREME COURT OF ARIZONA, May 3, 2006, Decided , May 3, 2006, Filed
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Overview: In water-rights dispute, tribe's contention that the doctrine of comity was inapplicable because equity court lacked the ability to consider the tribe's attacks on a 1935 decree was not well-founded. Court was not deprived of jurisdiction by McCarran Amendment, 43 U.S.C.S. ? 666 (1952).
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