Arizona, October, 2003, State Case law

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State Courts - Arizona - October 1 - October 8, 2003

Bailey v. Myers, 1 CA-SA 02-0108, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, October 1, 2003, Filed
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Overview: Condemnation of business owners' property for inclusion in a private retail development violated the Arizona Constitution; the anticipated public benefits of the development did not outweigh the private nature of the intended use.

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Daniel Y. v. Ariz. Dep't of Econ. Sec., 1 CA-JV 02-0121, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, October 2, 2003, Filed
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Overview: The severing of the father's parental rights was improper where the father made no unequivocal request to represent himself and did not knowingly or voluntarily waive, or otherwise forfeit, his right to counsel.

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Decca Design Build, Inc. v. Am. Auto. Ins. Co., 1 CA-CV 02-0519, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, October 2, 2003, Filed
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Overview: In contractor's suit on construction bond, limitations period had not begun to run where final payment under the subcontract at issue included retention payment and there was evidence that the conditions for making retention payment were not met.

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Lindsay v. Cave Creek Outfitters, L.L.C., 1 CA-CV 02-0375, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, October 2, 2003, Filed
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Overview: A grant of summary judgment in favor of the riding stable operator was proper where the document that the rider signed contained sufficient information to have been considered a release and the statute in question did not violate equal protection.

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Burke v. Ariz. State Ret. Sys., 2 CA-CV 2002-0035, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, October 6, 2003, Filed
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Overview: Appellate court concluded that common fund method of awarding attorney fees remained fundamentally inapplicable, where a settlement agreement and record established a fee-shifting, rather than fee-sharing scenario, thus lodestar method was proper.

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Burke v. Az. State Retirement, 2 CA-CV 2002-0035, COURT OF APPEALS OF ARIZONA, DIVISION TWO, October 6, 2003, Decided
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Swanson v. Image Bank, Inc., Arizona Supreme Court No. CV-02-0176-PR, SUPREME COURT OF ARIZONA, October 6, 2003, Filed
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Overview: An award of treble damages to the employee was improper where Arizona law did not preclude parties form agreeing by express contractual provisions in a negotiated contract to surrender the right to a statutory remedy.

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Feld v. Gerst, 1 CA-SA 02-0276, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, October 8, 2003, Decided , October 8, 2003, Filed
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Standhardt v. Superior Court of Ariz., 1 CA-SA 03-0150, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, October 8, 2003, Filed
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Overview: Because the fundamental right to marry did not include the right to marry a same-sex partner, homosexual men failed in their attempt to have certain statutes prohibiting same-sex marriages and defining valid marriages declared unconstitutional.

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