Legal Opinion

Burns v. City of Tucson

Court of Appeals of Arizona

Decided November 23, 2018No. 2 CA-CV 2018-0032PublishedCited by 3 opinions

1Opinion of the Court

ECKERSTROM, Chief Judge:

¶ 1 Michael Burns appeals from the trial court's order dismissing his complaint that alleged violations of his rights under Arizona's relocation-assistance statutes. He argues those statutes imply a private right of action, that he was entitled to bring a negligence action to remedy his inadequate relocation-assistance award, and that the superior court should have exercised special-action jurisdiction. We affirm.

Factual and Procedural History

¶ 2 On review of a motion to dismiss, "we assume the truth of all material facts alleged by [the plaintiff]."

*955Phelps Dodge Corp.…

2Cases cited16 opinions

  1. Ryan v. StateArizona Supreme Court · 1982
  2. Sellinger v. Freeway Mobile Home Sales, Inc.Arizona Supreme Court · 1974
  3. City of Tucson v. Clear Channel Outdoor, Inc.Court of Appeals of Arizona · 2008
  4. Pritchard v. StateArizona Supreme Court · 1990
  5. Evenstad v. StateCourt of Appeals of Arizona · 1993

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3Cited by3 opinions

  1. Best v. DominguezCourt of Appeals of Arizona · 2020
  2. Fortitude Surgery Center LLC v. Aetna Health IncorporatedDistrict Court, D. Arizona · 2025
  3. Shaffer v. Abbott LaboratoriesDistrict Court, D. Arizona · 2025

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