Legal Opinion · Dissent

State ex rel. Arizona Department of Health Services v. Cochise County

Court of Appeals of Arizona

Decided August 29, 1989No. 1 CA-CV 88-152Published

1DissentJacobson, Judge

I respectfully disagree. While the admirable purposes enumerated by Norcor of America v. Southern Arizona Int’l Livestock Assoc., 122 Ariz. 542, 596 P.2d 377 (App.1979) are surely fostered by making the claims statute applicable to every entity in the universe, including the state, this analysis does not answer the question of whether that result is legally required.

I start with the proposition that the statutory definition of “person” embodied in A.R.S. § 1-215(24) should be applicable to all Arizona statutes “unless the context otherwise requires.” This definition clearly excludes the state…

2Cases cited3 opinions

  1. City of Bisbee v. Cochise CountyArizona Supreme Court · 1938
  2. Norcor of America v. Southern Arizona International Livestock Ass'nCourt of Appeals of Arizona · 1979
  3. TUSCON MEDICAL CENTER v. Apache CountyCourt of Appeals of Arizona · 1984

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