AUSTIN RANCH UTILITIES COMPANY v. WEST SURPRISE LANDOWNERS GROUP, LLC

No. 1 CA-CV 13-0585.

AUSTIN RANCH UTILITIES COMPANY; AUSTIN RANCH LLC; and COURTLAND CAPITAL, LLC, Plaintiffs/Appellants, v. WEST SURPRISE LANDOWNERS GROUP, LLC; TAYLOR MORRISON ARIZONA, INC. fka TAYLOR WOODROW/ARIZONA, INC.; MANAGEMENT 317 LLC; SURPRISE FOOTHILLS MASTER LLC; CENTEX HOMES; SS ASSEMBLAGE LLC; FRI SURPRISE 398 LLC and FRI SURPRISE ASSEMBLAGE, LLC, Defendants/Appellees.

Court of Appeals of Arizona, Division One.

Filed September 25, 2014.


Attorney(s) appearing for the Case

Osborn Maledon PA, Phoenix, By William J. Maledon , Maureen Beyers , Chelsea Sage Gaberdiel Counsel for Plaintiffs/Appellants.

Perkins Coie LLP, Phoenix, By Joseph E. Mais , Joel W. Nomkin , Colin P. Ahler , Counsel for Defendants/Appellees West Surprise Landowners Group LLC, Taylor Morrison Arizona Inc., and Surprise Foothills Master LLC, and Co-Counsel for Defendant/Appellee Management 317 LLC.

Moyes Sellers & Hendricks, Phoenix, By Keith L. Hendricks , Co-Counsel for Defendant/Appellee Management 317 LLC.

Fennemore Craig PC, Phoenix, By Kevin J. Bonner Counsel for Defendant/Appellee Centex Homes.

Poli & Ball PLC, Phoenix, By Michael N. Poli , Jeffrey G. Zane , Counsel for Defendant/Appellee SS Assemblage LLC.

Rader Lucero PLLC, Phoenix, By Richard J. Trujillo , Counsel for Defendants/Appellees FRI Surprise 398 LLC and FRI, Surprise Assemblage LLC.

Presiding Judge Patricia A. Orozco delivered the decision of the Court, in which Judge Randall M. Howe and Judge Maurice Portley joined.


NOT FOR PUBLICATION

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.

MEMORANDUM DECISION

OROZCO, Judge.

¶ 1 Austin Ranch Utilities Company, Austin Ranch, LLC, and Courtland Capital LLC (collectively Austin Ranch) appeal from an order dismissing with prejudice Count 4 of Austin Ranch's first amended complaint and awarding attorney...

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