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State Courts -
Arizona - October 2 - October 18, 2007
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Hernandez v. Lynch, 1 CA-SA 07-0092,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, October 2, 2007, Filed
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Overview: Arrestee was subject to provisions of Proposition 100, a recent amendment to Ariz. Const. art. 2, ? 22(A), and Ariz. Rev. Stat. ? 13-2002(A)(2), and arrestee was denied bail following arrest. Proposition 100 was constitutional under Equal Protection and Due Process Clauses because it applied only to illegal aliens who remained in U.S. illegally.
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Sun Valley Masonry, Inc. v. Indus. Comm'n of Ariz., 1 CA-IC 06-0092,,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, October 4, 2007, Filed
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Overview: A motion to reopen a workers' compensation case based on an employee's continuing knee pain was properly granted under Ariz. Rev. Stat. ? 23-1061(H) because it was the result of a gradual deterioration and not a subsequent event or injury; therefore, the compensable consequences doctrine did not apply.
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Nolan v. Starlight Pines Homeowners Ass'n, 1 CA-CV 06-0572,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, October 5, 2007, Filed
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Overview: Summary judgment was properly granted to a homeowners association because there was no discrimination under Ariz. Rev. Stat. ? 41-1492.02(A) in certain areas of a development containing a mailbox, a bulletin board, trash collection, and a greenbelt because they were not open to the public.
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