Justia Arizona Supreme Court Opinion Summaries

Articles Posted in Government & Administrative Law
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The State of Arizona filed an interlocutory appeal from an order issued in the general stream adjudications of the Gila River System and Source and the Little Colorado System and Source. At issue was whether federal water rights were impliedly reserved on lands granted by the United States government to the State of Arizona to support education and other public institutions (State Trust Lands). The Supreme Court accepted review and affirmed the superior court's ruling that there was no withdrawal, no reservation for a federal purpose, and no congressional intent to reserve water rights for the State Trust Lands. View "In re Water Rights to Gila / Little Colorado" on Justia Law

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Plaintiffs leased state trust land and owned all structures and improvements on the land. Under the terms of the lease, the improvements that existed on the land would become the state's property upon lease termination. After the leases were entered into, the legislature created a property tax classification ("Class Nine") in which property was taxed at a lower rate than that applicable to commercial property. For certain years, Maricopa County classified the improvements under the classification applicable to general commercial property and taxed Plaintiffs accordingly. The State Board of Equalization denied Plaintiffs' request for Class Nine classification. Plaintiffs then filed a declaratory judgment action in the tax court. The tax court granted summary judgment for the County based on Plaintiffs' failure to meet the requirements of Ariz. Rev. Stat. 42-12009(A)(1)(a), which provides that improvements on land leased from the state qualify for a reduced ad valorem tax rate if they become the property of the state on termination of the leasehold interest in the property. The Supreme Court remanded, holding that section 42-12009(A)(1)(a) applies when, at the time of taxation, improvements exist on the land that, under the terms of the lease, would become the state's property upon lease termination. View "CNL Hotels & Resorts, Inc. v. Maricopa County" on Justia Law

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Jacob Braden, an adult with developmental disabilities, died as a result of injuries suffered while residing at an Arizona Integrated Residential and Educational Services (AIRES) facility. AIRES is a licensed private corporation that contracts with the Arizona Department of Economic Security's Division of Developmental Disabilities. Jacob's estate sued the State, alleging a statutory claim under the Adult Protective Services Act (APSA) for abuse and neglect. The trial court granted summary judgment for the State, finding it was not a proper defendant under Ariz. Rev. Stat. 46-455, which permits an action under APSA against a "person" or an "enterprise." The court of appeals reversed, concluding that the State was not exempt from liability under section 46-455. The Supreme Court vacated the court of appeals and affirmed the superior court after applying the rules of statutory construction to section 46-455, concluding that the State was not liable under APSA because the legislature did not intend to include the State in its expressly enumerated list of potential APSA defendants. View "Estate of Braden v. State" on Justia Law