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PRINCE v. CITY OF APACHE JUNCTION

No. 2 CA-CV 95-0170.

185 Ariz. 43 (1996)

912 P.2d 47

Rick D. PRINCE, Plaintiff/Appellant, v. CITY OF APACHE JUNCTION, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

February 15, 1996.

Attorney(s) appearing for the Case

Eugene A. Burdick, Mesa, for Plaintiff/Appellant.

Lewis and Roca, LLP by Craig Phillips and Janell Adams-Vogl, Phoenix, for Defendant/Appellee.

OPINION

PELANDER, Judge.

This is a personal injury action against the City of Apache Junction. The issues are whether the city can claim immunity under Arizona's recreational use statute, A.R.S. § 33-1551 (1993), and, if so, whether that statute violates article 18, § 6 of the Arizona Constitution.1 The trial court ruled that the statute was applicable and constitutional, and therefore granted the city's motion...

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