Arizona, December, 2002, State Case law

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State Courts - Arizona - December 24 - December 30, 2002

Moedt v. GMC, 1 CA-CV 02-0038, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT D, December 24, 2002, Filed
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Overview: Plaintiff, who settled a breach of automobile warranty suit, was a prevailing party for purposes of awarding attorney's fees under the Arizona "Lemon Law"; the record supported the trial court's decision to award less in fees than plaintiff sought.

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Peeples, Inc. v. Ariz. State Land Dep't ex rel. Anable, 1 CA-CV 02-0408, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 24, 2002, Filed
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Overview: State land department acted arbitrarily and capriciously in rejecting a mining company's plans. Department failed to show it had authority to reevaluate the value of mineral deposits mid-lease, or to prevent the company from reworking tailings.

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Potter v. Ariz. DOT, 1 CA-CV 02-0078, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 24, 2002, Filed
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Overview: Driver's location in driver's seat in a parked car and her admission that she had driven to station after drinking, together with evidence of intoxication, was sufficient evidence that she had driven while intoxicated; license suspension was proper.

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State ex rel. Napolitano v. Gravano, 1 CA-CV 02-0025, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 24, 2002, Filed
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Overview: Arizona's forfeiture statutes as applied to appellant's book royalties did not violate constitutional free speech guarantees. Proceeds of book contract were subject to forfeiture since they were casually connected to appellant's racketeering crimes.

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Watson v. Roman Catholic Church of the Diocese of Phoenix, Inc., 1 CA-CV 01-0500, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 24, 2002, Filed
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Overview: Claim filed by a 25-year-old man against the Roman Catholic Church for sexual molestation by a priest when the man was a child was barred by the statute of limitations. The fact that the man suffered memory repression did not toll the statute.

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Bertleson v. Sacks Tierney, P.A., 1 CA-CV 01-0527, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, December 26, 2002, Filed
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Overview: A statute requiring clients to produce an expert witness certification before proceeding with a negligence case against a licensed professional did not violate the Equal Protection or the Separation of Powers Clauses of the Arizona Constitution.

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Hanley v. Pearson, 1 CA-CV 02-0217, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT E, December 26, 2002, Filed
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Overview: Summary judgment in favor of the junior lienholder was affirmed when the trustee was required to pay other obligations provided in or secured by the deed of trust that remained owing to the beneficiary at the time of the trustee's sale.

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U-Stor Bell, L.L.C. v. Maricopa County, 1 CA-TX 01-0013, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, December 26, 2002, Filed
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Overview: The tax court erred in classifying taxpayers' manager apartments at self-storage facilities as leased residential property; apartments should have been classified as commercial property, as they were not leased or rented.

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In re Reilly, Arizona Supreme Court No. SB-01-0191-D, SUPREME COURT OF ARIZONA, December 30, 2002, Decided , December 30, 2002, Filed
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