SILER v. ARIZONA DEPT. OF REAL ESTATE

No. 1 CA-CV 97-0360.

972 P.2d 1010 (1998)

193 Ariz. 374

Kenneth R. SILER and Sunburst Realty and Investment Corp., Plaintiffs-Appellants, Cross Appellees, v. The ARIZONA DEPARTMENT OF REAL ESTATE, Defendant-Appellee, Cross-Appellant. Andre G. Fleuridas, an individual, and Colt Realty, Inc., an Arizona corporation, Plaintiffs-Appellees, Cross Appellants, v. The Arizona Department of Real Estate, an agency of the State of Arizona; and Jerry A. Holt, in his capacity as commissioner, Defendants-Appellants, Cross Appellees. Joseph Mullen, Jr., individually and as Trustee of The Joseph Mullen Family Trust; The Joseph Mullen Family Trust; JLJ Limited Partnership; Michael A. Sahady; Marie Sahady; Bonnie Weekes; and James Weekes, Plaintiffs-Appellees, Cross Appellants, v. Jerry A. Holt, Commissioner of the Arizona Department of Real Estate; The State of Arizona, by and through the Arizona Department Of Real Estate; Colt Realty, Inc.; Andre G. Fleuridas; Sunburst Realty and Investment Corp.; Kenneth R. Siler, ANCR Growers Corp.; J.C. Kottgen; John J. and Lucia A. Franolich; and Copper Basin Partnership, Defendants-Appellants, Cross Appellees.

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

Review Denied February 23, 1999.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. by Douglas G. Zimmerman, James M. Ackerman, Phoenix, for Siler and Sunburst Realty.

Grant Woods, Attorney General by W. Mark Sendrow, Susan B. Lagerman, Assistant Attorneys General, Phoenix, for Arizona Department of Real Estate.

Gallagher & Kennedy, P.A. by Michael M. Grant, Don D. Skypeck, Phoenix, for Appellees, Cross Appellants Fleuridas and Colt Realty.

Walraven & Roberts by Richard Walraven, Prescott, for Appellees, Cross-Appellants Mullen.


OPINION

GERBER, Judge.

¶ 1 This is a consolidated appeal of several cases in which the Arizona Department of Real Estate alleged that three groups of persons or entities acted in concert to violate the state subdivision laws. The land in question is located in a wooded area outside Prescott, Arizona. During the relevant time periods, the division of land "for the purpose of sale or lease ... into four or more lots, parcels, or fractional interests"...

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