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Appeals AZ Supreme Court

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Property Owned by Non-Indians and Located on Tribal Land Is Subject to Property Tax

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Generally, tribal lands held in trust by the federal government are exempt from state and local taxation under Section 5 of the Indian Reorganization Act of 1934 (the Act). However, when non-Indians are involved in ownership...more

Lewis Roca

2023 Arizona Tax in Review

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On September 12, the Arizona Supreme Court declined to take review in ADP, LLC v. Ariz. Dep’t of Revenue, No. CV-23-0036-PR., which lets stand the Arizona Court of Appeals decision upholding the taxation of SaaS. 254 Ariz....more

Lewis Roca

SaaS is Taxable in Arizona as the Rental of Tangible Personal Property Despite No Statutory Authority to Tax Digital Services

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On September 12, the Arizona Supreme Court declined to take review in ADP, LLC v. Ariz. Dep’t of Revenue, No. CV-23-0036-PR., which lets stand the Arizona Court of Appeals opinion in the same case. 254 Ariz. 417, No. 1 CA-TX...more

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The Legal Consequences of Election Official Errors Involving Referendums

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There are a lot of moving parts to election administration, and it takes a lot of people to make them work. Not surprisingly, mistakes are made on occasion. The consequences of those mistakes often end up in court. In this...more

Snell & Wilmer

Arizona Taxation of Tribal Work Performed Under Federal Contracts Upheld by U.S. Supreme Court Precedent

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A three-panel Arizona Court of Appeals ("the panel”) unanimously ruled on January 10, 2023, that, under U.S. Supreme Court precedent, the gross proceeds from work performed under federal contracts on Native American...more

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Check Your Privilege: The Arizona Supreme Court Clarifies the Scope and Application of the Legislative Privilege in Fann v. Kemp

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The ability to petition one’s leaders is long recognized regardless of the form of government. Ever since the Watergate Scandal, the United States has taken the lead on transparency in governmental acts and the interaction...more

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Arizona Supreme Court Rejects Unforeseeable HOA Amendments

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In Maarten Kalway v. Calabria Ranch HOA LLC, et al., the Arizona Supreme Court weighed in on the issue of whether a homeowners' association (“HOA”) may rely on a general-amendment-power provision in its covenants, conditions,...more

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Arizona Supreme Court Finds Medical Marijuana Includes Cannabis Extracts and Resin

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In a landmark unanimous decision impacting Arizona’s medical marijuana industry, the Arizona Supreme Court on May 28, 2019, vacated two lower court decisions and the attendant criminal convictions and sentences associated...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Arizona Supreme Court Clears the Haze: Medical Marijuana Includes Extracted Resin

On May 28, 2019, the Arizona Supreme Court issued a ruling in a criminal case, State v. Jones, clarifying the definition of marijuana under the Arizona Medical Marijuana Act (AMMA). The court held that the act’s definition of...more

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

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The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

Jaburg Wilk

Arizona Insurers Beware of "Pay-and-Chase"--Arizona Supreme Court Rejects Expansion of Equitable Indemnification

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The Holding - In Knightbrook Insurance Company v. Payless Car Rental System Incorporated, 2018 WL 769295 (Ariz. February 8, 2018), an insurance bad faith and equitable indemnification case arising from an auto claim, the...more

Snell & Wilmer

What Types of “Damages Claims” Survive a Trustee’s Sale?

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Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going...more

Jaburg Wilk

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

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On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

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Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances...

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In Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of...more

Jaburg Wilk

Attorney Fee Shuffle - The Arizona Supreme Court has Imported the Fee Shifting Provision of A.R.S. § 12-341.01(A) Into Private,...

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Unlike many states, Arizona has long provided for the recovery of attorney fees, albeit on a discretionary basis, in contested contract disputes. See A.R.S. § 12-341.01(A). The Arizona legislature made clear, however, that...more

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Arizona Supreme Court Affirms Corporation Commission’s Constitutional Authority

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The Arizona Supreme Court has affirmed the broad constitutional powers of the Arizona Corporation Commission, in an opinion issued on August 8, 2016. The decision comes in Residential Utility Consumer Office v. Arizona...more

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