Prince v. City of Apache Junction
Court of Appeals of Arizona
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
- 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
- Walker v. City of ScottsdaleCourt of Appeals of Arizona · 1989
- Scrapchansky v. Town of PlainfieldSupreme Court of Connecticut · 1993
- Frey v. StonemanArizona Supreme Court · 1986
- Gary Thompson, an Incompetent, by Charles F. Thompson, His Guardian Ad Litem v. United StatesCourt of Appeals for the Ninth Circuit · 1979
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- Maycock v. Asilomar Development, Inc.Court of Appeals of Arizona · 2004
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