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DBT YUMA v. YUMA COUNTY AIRPORT AUTH.

No. CV-15-0019-PR.

361 P.3d 379 (2015)

DBT YUMA, L.L.C., an Arizona limited liability company; DBRT Yuma FBO, LLC, an Arizona limited liability company; DBRT Yuma Hangars, LLC, an Arizona limited liability company; DBRT Yuma Maintenance, LLC, an Arizona limited liability company, Plaintiffs/Appellants, v. YUMA COUNTY AIRPORT AUTHORITY, a body politic and corporate pursuant to A.R.S. § 28-8424; Yuma County, a political subdivision of the State of Arizona, Defendants/Appellees.

Supreme Court of Arizona.

November 24, 2015.

Attorney(s) appearing for the Case

Daryl M. Williams (argued), Michael C. Blair , Baird, Williams & Greer, LLP, Phoenix, Attorneys for DBT Yuma, L.L.C., DBRT Yuma FBO, LLC, DBRT Yuma Hangars, LLC, and DBRT Yuma Maintenance, LLC.

Paul S. Gerding, Jr. , Marc R. Lieberman , Kelley E. Sucher , Kutak Rock, LLP, Scottsdale, Attorneys for Yuma County Airport Authority.

Jon R. Smith , Yuma County Attorney, William J. Kerekes (argued), Chief Civil Deputy County Attorney, Office of the Yuma County Attorney, Yuma, Attorneys for Yuma County.

Jeana R. Morrissey , Jeana R. Morrissey, PLLC, Gilbert, Attorney for Amici Curiae M-14P Inc., et al.

Vice Chief Justice PELANDER authored the opinion of the Court, in which Chief Justice BALES and Justices BRUTINEL, TIMMER, and BERCH (Retired) joined.

¶ 1 Under A.R.S. § 28-8424(A)(3), a non-profit corporation that leases airport property from a county "[p]erforms an essential governmental function as an agency or instrumentality" of the county. We here address whether, based solely on that statutory language, the Yuma County Airport...

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