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| City of Tucson v. Clear Channel Outdoor, Inc., 2 CA-CV 2002-0183,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, October 31, 2003, Filed
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Overview: Summary judgment was properly awarded to a corporation in city's action alleging that corporation's billboards violated zoning codes; newly enacted statute of limitations barred city from pursuing violations it discovered more than two years earlier.
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| State v. Sepahi, Arizona Supreme Court No. CR-03-0070-PR,
SUPREME COURT OF ARIZONA, October 31, 2003, Filed
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Overview: A trial court properly concluded that defendant was subject to special sentencing provisions because he had committed a dangerous crime against a child where defendant's aggravated assault was focused on and directed against a 14-year old victim.
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| Douglas v. Governing Bd. of the Window Rock Consol. Sch. Dist. No. 8, 1 CA-CV 02-0555,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, November 6, 2003, Filed
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Overview: A private cause of action was implicit in the statute for teachers against the school district, where the additional funding given to the school district could only be allocated for additional teacher compensation.
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| State v. Maldonado, 1 CA-CR 02-0519,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, November 6, 2003, Filed
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Overview: Defendant was entitled to new trial after she was convicted of being accomplice to sexual conduct with minor and child abuse because court's failure to impanel lawful number of jurors was fundamental error. Defendant was entitled to 12-person jury.
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| Valley Farms, LTD. v. Transcon. Ins. Co., 2 CA-CV 2003-0040,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 6, 2003, Filed
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Overview: Court erred in awarding summary judgment to insurer in an insured's action for breach of contract and bad faith, because a genuine issue of material fact existed as to whether the insurer would have issued the policy had it known of additional facts.
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| In re Commitment of Taylor, 2 CA-MH 2003-0002-SP,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 10, 2003, Filed
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Overview: Although the sentencing court did not make a finding that appellee was a sexually violent person pursuant to the civil commitment statute, the commitment court could still make a sexually violent person determination.
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| Brake Masters Sys. v. Gabbay, 2 CA-CV 2003-0067,
COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 12, 2003, Filed
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Overview: Confirmation of an arbitration award for the franchisor was upheld because a pre-arbitration judicial finding of arbitrability was not required and the franchisee's other issues were resolved in favor of the franchisor.
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| In re Maricopa County Superior Court No. MH2003-000240, 1 CA-MH 03-0006,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, November 13, 2003, Filed
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Overview: A patient's assertion that a trial court had to grant her request for a continuance was contrary to statutory language, and the trial court did not abuse its discretion in denying the request, which was made at a hearing for court-ordered treatment.
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| Owen v. Blackhawk, 1 CA-CV 02-0363,
COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, November 18, 2003, Filed
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Overview: Modification of custody and denial of request to relocate was reversed as the trial court failed to make findings of fact and there was no evidence justifying a change in the primary residential parent or restricting the mother's parenting time.
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