ACHEN-GARDNER v. SUPERIOR COURT

No. 1 CA-SA 90-089.

167 Ariz. 536 (1990)

809 P.2d 961

ACHEN-GARDNER, INC., an Arizona corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable David L. Roberts, a Judge thereof, Respondent Judge, CITY OF CHANDLER, a municipal corporation; and Jeri-Co Group, Inc., an Arizona corporation, Real Parties in Interest.

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

Review Granted May 7, 1991.


Attorney(s) appearing for the Case

Morrison, Hecker, Curtis, Kuder & Parrish by Mark A. Nadeau and David L. Abney, Phoenix, for petitioner.

Dennis M. O'Neill, Asst. City Atty., Chandler, for real party in interest City of Chandler.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Jeffrey B. Smith, Phoenix, for real party in interest Jeri-Co Group, Inc.

Snell & Wilmer by Jarril F. Kaplan, James R. Condo, E. Jeffrey Walsh, Nancy A. Stratta, Phoenix, for amicus curiae Associated General Contractors of America — Arizona Building Chapter.

Shelley & Bether by J. Lamar Shelley, Mesa, for amicus curiae League of Arizona Cities and Towns.


OPINION

TAYLOR, Presiding Judge.

Achen-Gardner, Inc., (Achen-Gardner) brought this special action against the Superior Court, in and for Maricopa County, and real parties in interest the City of Chandler (Chandler) and Jeri-Co Group, Inc. (Jeri-Co). Achen-Gardner asks this court to consider whether the public street improvement project undertaken by Chandler and Jeri-Co, through a development agreement under the provisions of A.R.S. § 9-500.05, is subject...

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