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QUEEN CREEK SUMMIT, LLC v. DAVIS

No. 1 CA-SA 08-0205.

201 P.3d 537 (2008)

QUEEN CREEK SUMMIT, LLC, an Arizona limited liability company; Rite of Passage, Inc., a Nevada corporation; Canyon State Academy, Inc., an Arizona corporation; Youth Partners Foundation, an Arizona corporation; Bank of America, N.A., a federally chartered banking association, Petitioners, v. The Honorable Glenn DAVIS, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Town of Gilbert, a political subdivision of the State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

October 30, 2008.

Attorney(s) appearing for the Case

Snell & Wilmer L.L.P. By Don Bivens, Sean J. O'Hara, Phoenix, Attorneys for Petitioners.

Ayers & Brown, P.C. By Charles K. Ayers, Joseph M. Hillegas, Jr., Melinda A. Bird, Phoenix, Attorneys for Real Party in Interest.

OPINION

BARKER, Judge.

¶ 1 Queen Creek Summit, L.L.C. and the other petitioners (collectively, "QCS") seek special action review of the superior court's denial of their motion for judgment as a matter of law and grant of the Town of Gilbert's ("Gilbert") Application for Immediate Possession. The superior court found that QCS failed to meet its burden of proving that Gilbert had improperly concluded that the public good of locating its pipeline through...

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