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KADERA v. SUPERIOR COURT

No. 1 CA-SA 95-0265.

187 Ariz. 557 (1996)

931 P.2d 1067

Krag KADERA and Erin Kadera, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, The Honorable Mark Aceto, a judge thereof, Respondent Judge, CONSOLIDATED COOPERATIVE OF SCOTTSDALE EAST, INC., Real Party in Interest.

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

Reconsideration Denied September 27, 1996.

Review Denied February 26, 1997.

Attorney(s) appearing for the Case

Theodore C. Jarvi, Tempe, and Cromwell & U'Ren by Stephen A. U'Ren, Tempe, for Petitioner.

Ayers & Brown, P.C. by Joseph M. Hillegas, Jr., Phoenix, for Real Party in Interest.

OPINION

GRANT, Judge.

Krag and Erin Kadera ("Petitioners") bring this special action asking this court to accept jurisdiction and determine whether a cooperative corporation may initiate summary proceedings against a cooperator-shareholder in an alleged breach of an occupancy agreement. For reasons that follow, we accept jurisdiction and grant relief.

SUMMARY OF FACTS AND PROCEDURE

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