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SCOTTSDALE UNIFIED SCHOOL DIST. v. KPNX

No. 1 CA-CV 95-0462.

188 Ariz. 499 (1997)

937 P.2d 689

SCOTTSDALE UNIFIED SCHOOL DISTRICT NO. 48 OF MARICOPA COUNTY, Arizona; Avondale Elementary School District No. 44 of Maricopa County, Arizona; Balsz Elementary School District No. 31 of Maricopa County, Arizona; Creighton Elementary School District No. 14 of Maricopa County, Arizona; Dysart Unified School District No. 89 of Maricopa County, Arizona; Glendale Elementary School District No. 40 of Maricopa County, Arizona; Mobile Elementary School District No. 96 of Maricopa County, Arizona; Pendergast Elementary School District No. 92 of Maricopa County, Arizona; Tolleson Union High School District No. 214 of Maricopa County, Arizona; Tempe Elementary School District No. 3 of Maricopa County, Arizona; Gilbert Public Schools of Maricopa County, Arizona; Liberty Elementary School District No. 25 of Maricopa County, Arizona; Peoria Unified School District No. 11 of Maricopa County, Arizona; Paradise Valley Unified School District No. 69 of Maricopa County, Arizona; Mesa Unified School District No. 4 of Maricopa County, Arizona; Phoenix Union High School District No. 210 of Maricopa County, Arizona; Osborn Elementary District No. 8 of Maricopa County, Arizona; Isaac Elementary School District No. 5 of Maricopa County, Arizona; Kyrene Elementary School District No. 28 of Maricopa County, Arizona; Alhambra Elementary School District No. 68 of Maricopa County, Arizona; Cartwright Elementary School District No. 83 of Maricopa County, Arizona; Cave Creek Unified School District No. 93 of Maricopa County, Arizona; Chandler Unified School District No. 80 of Maricopa County, Arizona; Glendale Union High School District No. 205 of Maricopa County, Arizona; and Roosevelt Elementary School District No. 66 of Maricopa County, Arizona, Plaintiffs, Counter-defendants-Appellees. v. KPNX BROADCASTING COMPANY, an Arizona corporation; KPNX Broadcasting Company, a wholly owned subsidiary of Gannett Broadcasting Company, a division of Gannett Company, Inc., a Delaware corporation; and Kim Stafford, an individual, Defendants, Counter-claimants-Appellants.

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

As Amended January 16, 1997.

Review Granted June 5, 1997.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. by Gary L. Lassen, Gordon Lewis and Quarles & Brady by Charles W. Herf, Jennifer N. MacLennan, Phoenix, for Appellees.

Brown & Bain, P.A. by Daniel C. Barr, Cheryl L. Nackino, Phoenix, for Appellants.

OPINION

GRANT, Judge.

KPNX Broadcasting Company ("KPNX") appeals the trial court's grant of declaratory judgment against it in favor of Scottsdale Unified School District, et al., and the trial court's denial of KPNX's counterclaim for special action. For reasons that follow, we reverse and remand with instructions.

SUMMARY OF FACTS AND PROCEDURE

In October 1994, television station KPNX discovered that a substitute teacher employed...

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