Legal Opinion

Salt River Project Agricultural Improvement & Power District v. Miller Park, L.L.C.

Arizona Supreme Court

Decided February 14, 2008No. CV-07-0207-PRPublishedCited by 4 opinions

1Opinion of the Court

OPINION

BALES, Justice.

¶ 1 This condemnation case presents two issues. We hold that the trial court did not abuse its discretion in excluding evidence of the land owner’s prior statements of valuation for property tax purposes. We also hold that mandatory cost-based sanctions may be imposed under Arizona Rule of Civil Procedure 68 even though Arizona Revised Statutes (“A.R.S.”) § 12-1128(A) (2003) gives trial courts discretion to apportion costs among the parties in condemnation actions.

I

¶ 2 Miller Park, LLC and Miller Park II, LLC (“Miller Park”) bought undeveloped land near Buckeye in 1997…

2Cases cited13 opinions

  1. State v. SpreitzArizona Supreme Court · 1997
  2. Readenour v. Marion Power ShovelArizona Supreme Court · 1986
  3. Golder v. Department of Revenue, State Board of Tax AppealsArizona Supreme Court · 1979
  4. Yauch v. Southern Pacific Transportation Co.Court of Appeals of Arizona · 2000
  5. State Ex Rel. Morrison v. Jay Six Cattle Co.Arizona Supreme Court · 1960

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3Cited by4 opinions

  1. City of Surprise v. acc/lake PleasantArizona Supreme Court · 2019
  2. State of Arizona v. David J. WallerCourt of Appeals of Arizona · 2014
  3. SALT RIVER PROJ. AGRIC. IMP. AND POWER DIST. v. Miller Park, LLCArizona Supreme Court · 2008
  4. City of Surprise v. acc/lake PleasantArizona Supreme Court · 2019

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