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DICKEY EX REL. DICKEY v. CITY OF FLAGSTAFF

No. CV-99-0273-PR.

66 P.3d 44 (2003)

205 Ariz. 1

William H. DICKEY, on his own behalf and as Guardian Ad Litem of the minor child William DICKEY; Rebecca Carlson Dickey, wife of William H. Dickey; and Jane Doe, natural mother of minor William Dickey, Plaintiffs-Appellants, v. CITY OF FLAGSTAFF, a municipal corporation, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

April 7, 2003.

Attorney(s) appearing for the Case

Dale H. Itschner, and Jerry L. Smith, Flagstaff, Attorneys for Plaintiffs-Appellants.

Mangum Wall Stoops & Warden, P.L.L.C., by Daniel J. Stoops, Flagstaff, Attorneys for Defendant-Appellee.

Arizona Trial Lawyers Association, by Amy G. Langerman, Phoenix, Attorneys for Amicus Curiae, Arizona Trial Lawyers Association.

OPINION

BERCH, Justice.

¶ 1 This case presents a challenge to the constitutionality of Arizona's recreational use statute, Ariz.Rev.Stat. ("A.R.S.") § 33-1551 (2000).1 We conclude, as did the trial and appellate courts, that the law is constitutional.

FACTS2

¶ 2 On January 7, 1995, William Dickey's step-mother took ten...

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