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BURNS v. CITY OF TUCSON

No. 2 CA-CV 2018-0032.

432 P.3d 953 (2018)

804 Ariz. Adv. Rep. 15

Michael BURNS, a Single Man, Plaintiff/Appellant, v. CITY OF TUCSON, a Municipal Corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2.

As Amended November 27, 2018.

Attorney(s) appearing for the Case

Sammartino Law Group P.L.L.C., Tucson, By Carl Sammartino , Counsel for Plaintiff/Appellant.

Jennings, Strouss & Salmon P.L.C., Tucson, By John J. Kastner Jr. , Danielle J. K. Constant , and Laura R. Curry and Michael J. Rankin , Tucson City Attorney, By Damian Fellows , Principal Assistant City Attorney, Tucson, Counsel for Defendant/Appellee.

Chief Judge Eckerstrom authored the opinion of the Court, in which Presiding Judge Staring concurred and Judge Brearcliffe specially concurred.

OPINION

¶ 1 Michael Burns appeals from the trial court's order dismissing his complaint that alleged violations of his rights under Arizona's relocation-assistance statutes. He argues those statutes imply a private right of action, that he was entitled to bring a negligence action to remedy his inadequate...

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