Legal Opinion

Capson v. Superior Court

Arizona Supreme Court

Decided February 8, 1984No. 17150-SAPublishedCited by 4 opinions

1Opinion of the Court

CAMERON, Justice.

This petition for special action filed by Wayne Capson seeks review of the respondent Superior Court’s denial of petitioner’s motion to dismiss. We have jurisdiction pursuant to Ariz. Const. Art. 6, § 5.

The issues we must resolve in this appeal are:

1. If an automobile is parked on posted private property without permission and is towed away, does the towing company have a lien on the vehicle for towing and storage?

2. If no lien attaches, does refusal to release the towed vehicle constitute theft under A.R.S. § 13-1802?

The facts necessary to resolve these issues are not in…

2Cases cited9 opinions

  1. Kunde v. BiddleAppellate Court of Illinois · 1976
  2. Associates Financial Services Co. v. O'DellSupreme Court of Pennsylvania · 1980
  3. Murrell v. Trio Towing Service, Inc.District Court of Appeal of Florida · 1974
  4. Candler v. AshOhio Court of Appeals · 1976
  5. Burns Motor Co. v. BriggsOhio Court of Appeals · 1928

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Capson v. SUPERIOR COURT OF STATE OF ARIZ., ETC.Arizona Supreme Court · 1984
  2. Adage Towing & Recovery, Inc. v. City of TucsonCourt of Appeals of Arizona · 1996
  3. Stevens v. Sanpete CountyDistrict Court, D. Utah · 1986
  4. Case v. Bogosian, 92-0763 (1996)Superior Court of Rhode Island · 1996

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