City of Sierra Vista v. Cochise Enterprises, Inc.

OPINION

RICHMOND, Chief Judge.

The respondent judge’s refusal to honor petitioner’s “Notice of Change of Judge” is the subject of this special action. We agree with petitioner that it had not waived its right to a change of judge as a matter of right and therefore assume jurisdiction.

Petitioner filed a complaint for declaratory relief against several defendants including Owens Construction Company, Inc., and Cochise Enterprises, Inc. 1 Various motions pertaining to Owens’s amended answer and counterclaim were ruled on by the respondent judge, and on April 30,1979, he signed a judgment…