Turner v. City of Flagstaff

OPINION

JOHNSEN, Judge.

¶ 1 Paul Turner appeals from the dismissal of his suit under the Arizona Private Property Rights Protection Act for failure to file a proper pre-litigation notice of claim. We agree with the superior court that Turner’s notice of claim was defective because it failed to identify the owner of the property at issue. We remand to allow the court to consider whether Turner may cure the notice by amending it.

FACTS AND PROCEDURAL HISTORY

¶2 With certain exceptions not relevant here, the Arizona Private Property Rights Protection Act allows a private owner of real property to…