PURCELL v. SUPERIOR COURT

Nos. 1 CA-SA 91-254, 1 CA-CV 90-464.

172 Ariz. 166 (1992)

835 P.2d 498

Helen PURCELL, Maricopa County Recorder, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Robert D. Myers, a judge thereof, Respondent Judge, Ruben ORTEGA, Police Chief of the City of Phoenix; Dudley Gibson, Ronald Coker, and Jason Peterson, Police Officers of the City of Phoenix; Alan Lobue, Alan Hammond, Walter Lee Jackson, and Reginald Keifer, Judges of the Phoenix Municipal Court, Real Parties in Interest. Robert K. CORBIN, Carl J. Kunasek, Joseph Lane, and Duane Vild, Plaintiffs-Appellants, v. Helen PURCELL, Maricopa County Recorder; Maricopa County, a political subdivision of the State of Arizona, Defendants-Appellees.

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

August 6, 1992.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Christina Peterson Sargeant and G. Eugene Neil, Deputy County Attys., Phoenix, for petitioner and defendants-appellees.

Roderick G. McDougall, Phoenix City Atty. by Alan S. Max, Asst. Chief Counsel, and Marvin A. Sondag, Asst. City Atty., Phoenix, for real parties in interest.

Grant Woods, Atty. Gen. by Michael G. Prost, Asst. Atty. Gen., Phoenix, for plaintiffs-appellants.


OPINION

CONTRERAS, Judge.

In this consolidated appeal and special action, we consider whether the Maricopa County Recorder must physically remove a document determined to be an invalid lien from the county's official records in order to "remove" the lien from the records within the meaning of Arizona Revised Statutes Annotated ("A.R.S.") section 33-420(B) (1990). We conclude that physical removal of the document...

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