Falcone Brothers & Associates, Inc. v. City of Tucson

OPINION

ECKERSTROM, Chief Judge:

Chief Judge Eckerstrom authored the opinion of the Court, in which Presiding Judge Vásquez and Judge Miller concurred.

¶ 1 Following a contractual dispute regarding a road-improvement project, appellant Falcone Brothers and Associates, Inc. (Fal-cone) filed a civil complaint against appellee City of Tucson (City). The City maintained that the action was barred because the issues already had been decided by the City’s director of procurement and that Falcone had refused to challenge the director’s “administrative decision” by special action as required by the…