City of Tucson v. Clear Channel Outdoor, Inc.

BERCH,

concurring in part and dissenting in part.

¶ 45 I agree with my colleagues regarding the continued validity of the fifty-five dismissed claims filed before the effective date of A.R.S. § 9-462.02(C), see Op. ¶¶ 14-20, but disagree regarding the treatment of the second group of claims, those filed on July 17, 2001. The majority applies A.R.S. § 12-505(C) to the latter group. I would instead follow the path of the trial court and court of appeals and analyze the validity of these claims under § 12-505(B), which requires reference to § 9-462.02(C).

¶ 46 This case turns initially on the…