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   State Courts - Arizona - March 8 - March 22, 2001

  
Carrasco v. State, 2 CA-CV 00-0191, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, March 8, 2001, Filed
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Overview: Appellant failed to raise a genuine issue of material fact that mother's criminal negligence conviction disqualified her as a killer under slayer statute from beneficiary status to collect wrongful death damages.

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Foster v. Anable, 1 CA-SA 00-0180, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, March 8, 2001, Filed
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Overview: A protest of a proposed sale of a parcel of state trust land was timely because it was filed with the Arizona State Land Department within 30 days from the latter of the two first publication dates of the terms of the proposed auction.

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Gunnell v. Arizona Pub. Serv. Co., 1 CA-CV 99-0510, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 8, 2001, Filed
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Overview: Because excavator violated statute by failing to notify utility of unmarked pipe and by not complying with procedures for verifying whether pipe was abandoned, he was liable to utility for resulting damage to pipe and to injured parties.

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Hause v. City of Tucson, 2 CA-CV 00-0059, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, March 8, 2001, Filed
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Overview: Building permits issued before a new zoning ordinance became final were valid because the period for filing petitions and the effective date of the ordinance were extended, when a correct copy of the measure was not immediately available.

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In re Robert A., 1 CA-JV 00-0092, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, March 8, 2001, Filed
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Overview: The appellate court vacated an adjudication of delinquency; a flare gun used by a juvenile was not a deadly weapon as a matter of law.

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City of Casa Grande v. Arizona Water Co., 2 CA-CV 00-0028, 2 CA-CV 00-0128 (Consolidated), COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 13, 2001, Filed
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Overview: Dismissing plaintiff's condemnation action was proper where the state statute required voter approval at an election "duly called and held" for the purpose of voting on the specific question before beginning a condemnation action.

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Rowland v. Great States Ins. Co., 2 CA-CV 00-0082, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 13, 2001, Filed
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Overview: Independent medical examination expenses did not qualify as compensation or benefits. Claim based solely on contractual relationship sounded in tort, not contract. Insured raised a fact issue on bad faith tort claim.

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Vega v. Sullivan, 2 CA-CV 00-0190, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, March 13, 2001, Filed
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Overview: Trial court properly interpreted and applied former arbitration rule when it included taxable costs in both the arbitration award and the judgment when comparing the award and the judgment.

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City of Tucson v. Pima County, 1 CA-CV 00-0411, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 15, 2001, Filed
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Overview: Statute that required the consent of a proximate municipality before an area may incorporate was not unconstitutional because it bore rational relationship to legitimate state interest against Balkanization of its counties.

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Johnson v. Tempe Elem. Sch. Dist. No. 3 Governing Bd., 1 CA-CV 99-0555, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, March 22, 2001, Decided , March 22, 2001, Filed
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