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WILLIAMS v. KING

No. 1 CA-CV 18-0498.

460 P.3d 303 (2020)

James P. WILLIAMS, et al., Plaintiffs/Appellants-Cross Appellees, v. Kevin KING, et al., Defendants/Appellees-Cross Appellants.

Court of Appeals of Arizona, Division 1.

AS AMENDED January 29, 2020.

Attorney(s) appearing for the Case

Macqueen & Gottlieb, PLC, Phoenix, By Benjamin L. Gottlieb , Christopher J. Zarda , Brandon P. Bodea , Counsel for Plaintiffs/Appellants-Cross Appellees.

Elardo Bragg Rossi & Palumbo, Phoenix, By John A. Elardo , April A. Hancock , Alexis Tinucci , Counsel for Defendants/Appellees-Cross Appellants.

Judge David D. Weinzweig delivered the opinion of the Court, in which Presiding Judge Randall M. Howe and Judge John C. Gemmill joined.

OPINION

¶1 This case requires us to examine whether the Arizona Constitution guarantees a jury trial for a private civil action created by statute. At issue is the private action for altering a watercourse without authorization under A.R.S. § 48-3613(D). We hold the Constitution affords no such right because...

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