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   State Courts - Arizona - November 29 - December 11, 2001

  
Arpaio v. Steinle, 1 CA-SA 01-0237, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, November 29, 2001, Filed
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Overview: It was the responsibility of a county sheriff to comply with a court order to transport certain county inmates to a civil trial in which they had been named as defendants; their transportation was not responsibility of department of corrections.

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Hohokam Irrigation & Drainage Dist. v. Ariz. Pub. Serv. Co., 2 CA-CV 01-0026, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, November 29, 2001, Filed
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Overview: An irrigation and drainage district was prevented by statute from selling electricity to customers outside of its designated irrigation boundary; the power of an irrigation district was not commensurate with that of a municipal corporation.

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New Life Corp. of Am. v. Burke, Arizona Supreme Court No. CV-01-0359-PR, SUPREME COURT OF ARIZONA, November 30, 2001, Decided , November 30, 2001, Filed
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Bennett v. Appaloosa Horse Club, 1 CA-CV 01-0027, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT A, December 6, 2001, Filed
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Overview: Horse club membership agreement was not an adhesion contract since member could vote on the agreement's provisions; as forum selection clause did not deprive member of her day in court, it was valid and applied to all her claims against club.

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Jones v. County of Coconino, 1 CA-CV 01-0148, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, December 6, 2001, Filed
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Overview: Moving trailer containing hay for sale from inconspicuous space to intersection corner of property made owners lose their legal nonconforming-use status; zoning ordinance was intended to limit nonconforming uses to site originally occupied.

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Finkel v. Jakubczyk, Arizona Supreme Court No. CV-00-0026-PR, SUPREME COURT OF ARIZONA, December 7, 2001, Decided , December 7, 2001, Filed
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Samsel v. Allstate Co., Arizona Supreme Court No. CV-01-0158-PR, SUPREME COURT OF ARIZONA, December 10, 2001, Decided
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Andrews v. Samaritan Health Sys., 1 CA-CV 00-0386, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 11, 2001, Filed
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Overview: Under an Arizona statute, medical liens automatically arose following hospital treatment and could be asserted to recover unpaid balance of hospital's customary charges against plaintiffs' tort recoveries.

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Dahnad v. Buttrick, 1 CA-SA 01-0262, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 11, 2001, Filed
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Overview: State board of dental examiners (Board) summarily suspended dentist's license for inappropriate behavior with prospective employee; applicable statutes and due process were violated, as board did not promptly convene post-suspension hearing.

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Van Herreweghe v. Burke, 1 CA-SA 01-0251, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 11, 2001, Filed
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Overview: A felony DUI defendant's constitutional and statutory right to a reasonable opportunity to gather exculpatory evanescent evidence did not require his immediate release.

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