Pima County v. Cardi

OPINION

HATHAWAY, Judge.

This appeal seeks review of a partial summary judgment in favor of Pima County on Counts I and II of its amended complaint and a denial of appellant’s motion to dismiss these counts. The judgment permanently enjoined appellant from excavating sand and gravel without first obtaining a permit. We reverse.

Count I alleged that appellant had been excavating sand and gravel without obtaining the permit required by statute and ordinance, and sought to enjoin the excavation until appellant obtained the permit. Count II alleged that because of the failure to obtain the permit,…