Legal Opinion

Prince v. City of Apache Junction

Court of Appeals of Arizona

Decided February 15, 1996No. 2 CA-CV 95-0170PublishedCited by 63 opinions

1Opinion of the Court

OPINION

PELANDER, Judge.

This is a personal injury action against the City of Apache Junction. The issues are whether the city can claim immunity under Arizona’s recreational use statute, A.R.S. § 33-1551 (1993), and, if so, whether that statute violates article 18, § 6 of the Arizona Constitution. 1 The trial court ruled that the statute was applicable and constitutional, and therefore granted the city’s motion to dismiss filed under Ariz.R.Civ.P. 12(b)(6), 16 A.R.S. For the reasons stated below, we reverse and remand.

PROCEDURAL BACKGROUND

Plaintiffs complaint alleged that on November 16, 1993,…

2Cases cited14 opinions

  1. Carolyn L. Ducey v. United States of America, Lois M. Olson v. United States of America, Helen Grugel v. United StatesCourt of Appeals for the Ninth Circuit · 1983
  2. Walker v. City of ScottsdaleCourt of Appeals of Arizona · 1989
  3. Scrapchansky v. Town of PlainfieldSupreme Court of Connecticut · 1993
  4. Frey v. StonemanArizona Supreme Court · 1986
  5. Gary Thompson, an Incompetent, by Charles F. Thompson, His Guardian Ad Litem v. United StatesCourt of Appeals for the Ninth Circuit · 1979

9 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. Bothell v. Two Point Acres, Inc.Court of Appeals of Arizona · 1998
  2. Eller Media Co. v. City of TucsonCourt of Appeals of Arizona · 2000
  3. Brookover v. Roberts Enterprises Inc.Court of Appeals of Arizona · 2007
  4. Tierra Ranchos Homeowners Ass'n v. KitchukovCourt of Appeals of Arizona · 2007
  5. Maycock v. Asilomar Development, Inc.Court of Appeals of Arizona · 2004

58 more not listed; retrieve them via the Exa API.

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