1. Home
  2. Browse Decisions
  3. Ariz.
  4. 155 Ariz.
  5. 155 Ariz. 200 (1987)
 

EWING v. STATE

No. CV 87-0230-SA.

155 Ariz. 200 (1987)

745 P.2d 947

Reid EWING, Petitioner, and Monterey Development Company, Intervenor, v. STATE of Arizona; Hon. Evan Mecham, Governor of the State of Arizona; State Land Department of the State of Arizona; M.J. Hassell, State Land Commissioner; W.J. Fish, Hearing Officer Before the State Land Commissioner, Respondents, and Forest City Scottsdale Company, Intervenor.

Supreme Court of Arizona, In Banc.

Rehearing Denied November 17, 1987.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Melinda L. Garrahan and Susan Ward Harris, Asst. Attys. Gen., Phoenix, for respondents.

James F. Polese, McCabe & Pietzsch, P.A. by Peter C. Warner, Phoenix, for petitioner.

Meyer, Hendricks, Victor, Osborn & Maledon, P.A. by Andrew D. Hurwitz, Phoenix, for intervenor Forest City Scottsdale Co.

Treon, Strick, Lucia & Aguirre by Anthony R. Lucia and Teri L. Kessel, Phoenix, for intervenor Monterey Development Co.

Gammage & Burham by Grady Gammage, Jr., Curtis Ullman, and Karen L. Schroeder, Phoenix, for amicus curiae Northeast Phoenix Partners.

DeConcini, McDonald, Brammer, Yetwin, Lacy & Zimmerman by Kenneth C. Sundlof, Jr., Phoenix, for amicus curiae Greater Phoenix Educ. Management Consortium.

CAMERON, Justice.

I.

This is a petition for special action filed by Reid Ewing and Monterey Development Company challenging the denial of petitioner's protest to an auction of a 65-year commercial lease of state trust lands. We have jurisdiction pursuant to A.R.S. § 37-301(C).

II.

We must answer two questions:

1. Does the preferred right to lease granted by A.R.S. § 37-335(C) constitute an encumbrance prohibited by the Enabling...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases