TOWN OF FLORENCE v. FLORENCE COPPER INC.

No. 1 CA-CV 19-0504.

493 P.3d 891 (2021)

TOWN OF FLORENCE, Plaintiff/Appellant, v. FLORENCE COPPER INC., Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

Amended Per Order Filed March 24, 2021.


Attorney(s) appearing for the Case

Sims Mackin, Phoenix, By Catherine M. Bowman , Counsel for Plaintiff/Appellant.

Osborn Maledon, PA, Phoenix, By Colin F. Campbell , Timothy J. Eckstein , Payslie M. Bowman , Counsel for Defendant/Appellee.

Jones, Skelton & Hochuli, P.L.C., Phoenix, By Eileen Dennis GilBride , Co-Counsel for Amicus Curiae League of Arizona Cities and Towns.

League of Arizona Cities and Towns, Phoenix, By Christina Estes-Werther , Co-Counsel for Amicus Curiae League of Arizona Cities and Towns.

Presiding Judge David D. Weinzweig delivered the opinion of the Court, in which Judge Jennifer M. Perkins and Judge James B. Morse Jr. joined.


OPINION

¶1 The Town of Florence ("Town") annexed a large parcel of property in 2002 and entered a development agreement with its owner, granting him and his successors in interest a vested right to operate a copper mine on the parcel. By its terms and under Arizona law, the development agreement could be amended...

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