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HOPI TRIBE v. ARIZONA SNOWBOWL RESORT

No. CV-18-0057-PR.

430 P.3d 362 (2018)

805 Ariz. Adv. Rep. 16

HOPI TRIBE, Plaintiff/Appellant, v. ARIZONA SNOWBOWL RESORT LIMITED PARTNERSHIP, et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed November 29, 2018.

Attorney(s) appearing for the Case

Martin P. Clare , Campbell, Yost, Clare & Norell, P.C., Phoenix; and Michael D. Goodstein (argued), Anne E. Lynch , Hunsucker Goodstein PC, Washington, DC, Attorneys for Hopi Tribe.

Paul G. Johnson , Scott F. Frerichs , John J. Egbert (argued), Jennings, Strouss & Salmon, P.L.C., Phoenix, Attorneys for Arizona Snowbowl Resort Limited Partnership.

John A. Klecan (argued), Renaud Cook Drury Mesaros PA, Phoenix; and Kathleen L. Wieneke , Wieneke Law Group, P.L.C., Tempe, Attorneys for City of Flagstaff.

Timothy Sandefur , Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix, Attorneys for Amicus Curiae Goldwater Institute.

JUSTICE PELANDER authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL and JUSTICES TIMMER, GOULD, and LOPEZ joined. CHIEF JUSTICE BALES, joined by JUSTICE BOLICK, dissented.

¶ 1 Private parties may bring public nuisance claims in Arizona if the alleged nuisance caused the plaintiff special injury, meaning "damage [that is] different in kind or quality from that suffered by the public in common." Armory Park Neighborhood Ass'n...

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