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STARR PASS RESORT DEVELOPMENTS v. PIMA CTY.

No. 2 CA-CV 2023-0082.

550 P.3d 1111 (2024)

STARR PASS RESORT DEVELOPMENTS, LLC, a Delaware limited liability company, Plaintiff/Appellant, v. PIMA COUNTY, a political subdivision of the state of arizona; 3800 WSPB Buyer, LLC, a foreign limited liability company; CREF3 SP A Participation, LLC, a foreign limited liability company, Defendants/Appellees, SWVP Starr Pass, LLC, Intervenor.

Court of Appeals of Arizona, Division 2.

Filed May 22, 2024.

Attorney(s) appearing for the Case

Stubbs & Schubart P.C., Tucson, By G. Lawrence Schubart, Counsel for Plaintiff/Appellant.

Rusing Lopez & Lizardi P.L.L.C, Tucson, By Pat Lopez III, Matthew A. Bailey, and Alexander P. Valentine, Counsel for Defendant/Appellee Pima County.

Ballard Spahr LLP, Phoenix, By Brian Schulman and Craig C. Hoffman, Counsel for Defendants/Appellees 3800 WSPB Buyer LLC and CREF3 SP A Participation LLC and Intervenor SWVP Starr Pass, LLC.

Judge Sklar authored the opinion of the Court, in which Vice Chief Judge Staring and Judge O'Neil concurred.

OPINION

¶1 Under Rule 12(d) of the Arizona Rules of Civil Procedure, trial courts must provide parties a "reasonable opportunity" to present pertinent material when converting a motion to dismiss to one for summary judgment. This case requires us to interpret that requirement in the context of competing claims to a fee...

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