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State Courts -
Arizona - May 18 - May 22, 2007
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Home Builders Ass'n v. City of Maricopa, 2 CA-CV 2006-0188,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, May 18, 2007, Filed
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Overview: A county had authority under Ariz. Rev. Stat. § 11-1101 to enter into no-fee development agreements, a city was the successor-in-interest to the county and to the binding agreements, Ariz. Rev. Stat. § 9-463.05(B)(3) was inapplicable, and honoring the fees was not discriminatory under Ariz. Rev. Stat. § 9-463.05(B)(5).
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Airfreight Express, LTD v. Evergreen Air Ctr., Inc., 2 CA-CV 2006-0149,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, May 21, 2007, Filed
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Overview: Dismissal of an airfreight company's contract and fraud claims in a first action against a repair service without prejudice was not a merits adjudication and thus did not bar a second action that contained related claims; as claim preclusion did not bar these claims, dismissal of claims in the second action on that basis was error.
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