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TURNER v. CITY OF FLAGSTAFF

No. 1 CA-CV 10-0172.

247 P.3d 1011 (2011)

Paul TURNER, Plaintiff/Appellant, v. CITY OF FLAGSTAFF, Defendant/Appellee.

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

As Corrected March 3, 2011.

Attorney(s) appearing for the Case

Pacific Legal Foundation By James S. Burling , Timothy Sandefur , pro hac vice, Joshua P. Thompson , pro hac vice, Sacramento, Attorneys for Appellant.

Gammage & Burnham, PLC By Cameron C. Artigue , Heather J. Boysel , Phoenix, Attorneys for Appellee.

OPINION

JOHNSEN, Judge.

¶ 1 Paul Turner appeals from the dismissal of his suit under the Arizona Private Property Rights Protection Act for failure to file a proper pre-litigation notice of claim. We agree with the superior court that Turner's notice of claim was defective because it failed to identify the owner of the property at issue. We remand to allow the court to consider whether Turner may cure the notice by amending it.

FACTS AND PROCEDURAL...

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