STATE EX REL. CORBIN v. SUPERIOR COURT

No. 1 CA-SA 88-096.

159 Ariz. 307 (1988)

767 P.2d 30

STATE of Arizona, ex rel. Robert K. CORBIN, Attorney General, and the Arizona Corporation Commission, Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Marilyn A. Riddel, a judge thereof, Respondent Judge, Hubert A. GREGAN and Jacqueline E. Gregan, husband and wife; Gregan Development Company, a sole proprietorship; Barry M. Wolfson and Deborah Wolfson, husband and wife; Barry M. Wolfson, P.C.; Martin S. Frankel and Jane Doe Frankel, husband and wife; Martin S. Frankel, a law corporation; Wolfson & Frankel; Frank H. Brinkman and Dana J. Brinkman, husband and wife; Rod Gunn and Jane Doe Gunn, husband and wife; and G.R.C. Municipal Finance, Inc., a California corporation, formerly known as Rod Gunn & Associates, Inc., and as Gunn, Russell, Copenhaver & Co., Inc., Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

Reconsideration Denied November 7, 1988.

Review Denied February 7, 1989.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Charles S. Pierson and Mark Sendrow, Asst. Attys. Gen., Phoenix, for petitioners.

Brown & Bain, P.A. by Eddward P. Ballanger, Phoenix, for real parties in interest Gunns, G.R.C. Mun. Finance, Inc.

Killian, Legg, Nicholas, Fischer, Wirken, Cook & Pew by M.P. Fischer, Mesa, for real parties in interest Brinkmans.

Renaud, Cook, Videan, Geiger & Drury, P.A. by J. Gordon Cook, Phoenix, for real parties in interest Gregan, Gregan Development, Wolfsons, Frankels, Wolfson & Frankel.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.A. by Richard J. Woods and Nicholas J. Wallwork, Phoenix, for the Industrial Development Authorities of the Cities of El Mirage and South Tucson, amici curiae.


OPINION

HAIRE, Judge.

Petitioners, the state of Arizona and the Arizona Corporation Commission, have sought relief from the trial court's order dismissing one count of their complaint against real parties in interest Gregan, Wolfson, Frankel, Brinkman, and Gunn, their respective wives, and various corporations. The dismissed count alleges a violation of Arizona's anti-racketeering statutes, A.R.S. §§ 13-2301 to -2317, with theft as the predicate...

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