ANDREW S. ARENA v. SUPERIOR COURT

No. CV-89-0134-PR.

163 Ariz. 423 (1990)

788 P.2d 1174

ANDREW S. ARENA, INC.; Gary L. Beck; Bosque Creek Joint Venture; Canatsey Building & Development Co., Inc.; Canyon Ranch Developments, Inc.; Carreon Development & Construction, Inc.; Caylor Construction Co.; Caylor Land & Development, Inc.; Chastain Builders, Inc.; Chesin Construction Co.; Cienega, Ltd.; Colonia De Los Alamos Joint Venture; Cottonwood Properties, Inc.; Decker Construction Company, Inc.; Duval Commercial Investors Limited Partnership; Edgebrooke Village Joint Venture; Emerald Homes, Inc. dba Ditz-Crane Associates; Estes Homes, Tucson Division; The Estes Company; 3455 South Palo Verde, a joint venture; Fairfield Green Valley, Inc.; Fair-Field La Cholla Hills; Fairfield Properties, Inc.; Fairfield Sunrise Village, Inc.; Green Valley RV Park Investors; Herder Construction Co.; Ted Kinart; L.G. Lefler, Inc.; La Quinta Homes, an Arizona partnership; Loma Linda Construction Co.; Los Altos Office Park Joint Venture; Pantano Business Park Association; Plaza Bel Air Limited Partnership; Ponderosa Pools, Inc.; Pulte Home Corporation, Tucson Division; R.A. Construction, Inc.; Tobin Homes; U.S. Home Corporation; Wood Bros. Homes, Inc.; Andrew Wright Enterprises; individually, and as class representatives of all others similarly situated, Petitioners, v. SUPERIOR COURT of the state of Arizona, In and For the COUNTY OF MARICOPA, The Honorable Joseph D. Howe, a judge thereof, Respondent Judge, PIMA COUNTY, The Pima County Board of Supervisors, including individual board members in their elected capacities only — Dan Eckstrom, Greg Lunn, Ed Moore, Reg Morrison, Raul Grijalva; The Treasurer of Pima County, James Lee Kirk; The Finance Director of Pima County, Andrew Migala; The Director of the Pima County Planning and Development Department, Robert Johnson and The Planning and Development Department of Pima County, as successors to the Building Codes Department, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

February 20, 1990.


Attorney(s) appearing for the Case

Snell & Wilmer by David A. Paige and Bilby & Shoenhair by William N. Poorten, III, Tucson, for petitioners.

Stephen D. Neely, Pima County Atty. by Frank J. Cassidy, Deputy County Atty., and Charles R. Pyle, Former Deputy County Atty., Tucson, for real parties in interest.


OPINION

MOELLER, Justice.

JURISDICTION

This class action against Pima County seeks both monetary and injunctive relief. The trial court dismissed the monetary portion of the class action, holding that it was barred by A.R.S. § 12-821, the statute governing claims against public entities. Plaintiffs (petitioners here) unsuccessfully sought special action relief in the court of appeals. We granted review because we conclude that relief by appeal...

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