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State Courts -
Arizona - August 20 - August 27, 2002
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DUWA, Inc. v. City of Tempe, 1 CA-CV 01-0598,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, August 22, 2002, Filed
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Overview: After a proposed redevelopment plan, where business failed to demonstrate that city either physically invaded its property or otherwise exercised dominion or control over its property, a de facto taking of the business's property did not occur.
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Tenet HealthSystem TGH, Inc. v. Silver, 2 CA-CV 2001-0172,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, August 27, 2002, Filed
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Overview: Trial court erroneously found that credit purchase of a secured property at a trustee's sale extinguished the guarantors' liability, where language in a guaranty declared the guarantor's liability was "absolute, unconditional, and irrevocable."
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