Legal Opinion

Prutch v. Town of Quartzsite

Court of Appeals of Arizona

Decided February 26, 2013No. 1 CA-CV 12-0290PublishedCited by 8 opinions

1Opinion of the Court

HOWE, Judge.

¶ 1 John Prutch appeals the dismissal of his complaint against the Town of Quartzsite, its Town Council and Town Clerk, and Mike Jewitt (collectively, “Quartzsite”), challenging Jewitt’s election to the Town Council. We hold that the trial court erred as a matter of law in dismissing the complaint based on the defense of laches. That defense requires a trial court to find not only that a plaintiff caused prejudicial delay, but also that the plaintiff acted unreasonably in causing the delay. The trial court erred in applying laches because although it found that Prutch caused…

2Cases cited8 opinions

  1. Mathieu v. MahoneyArizona Supreme Court · 1993
  2. State v. MilehamCourt of Appeals of Arizona · 1965
  3. Harris v. PurcellArizona Supreme Court · 1998
  4. Coulas v. SmithArizona Supreme Court · 1964
  5. McComb v. Superior CourtCourt of Appeals of Arizona · 1997

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3Cited by8 opinions

  1. In Re $70,070 in U.S. CurrencyCourt of Appeals of Arizona · 2014
  2. Daniel Lachance, Henry Stephen Conroy v. County of Cochise Cochise County Jail DistrictCourt of Appeals of Arizona · 2024
  3. Hope v. Renaud CookCourt of Appeals of Arizona · 2015
  4. Hope v. Renaud CookCourt of Appeals of Arizona · 2015
  5. Neal v. RuizCourt of Appeals of Arizona · 2020

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