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WINNER ENTERPRISES v. SUPERIOR COURT

No. 1 CA-SA 88-176.

159 Ariz. 106 (1988)

765 P.2d 116

WINNER ENTERPRISES, LTD., an Arizona corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF YAVAPAI, the Honorable James Hancock, a judge thereof, Respondent Judge. PONDEROSA CAR WASH, INC., an Arizona corporation; Bennett Oil Company, an Arizona corporation; City of Prescott, a municipal corporation; Mark Marchus, Building Inspector, City of Prescott; Rhoda Chapman, Director, Planning & Zoning Commission, City of Prescott, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

November 22, 1988.

Attorney(s) appearing for the Case

Favour, Weaver, Moore, Wilhelmsen & Schuyler by Raymond W. Weaver, Jr. and Lance B. Payette, Prescott, for petitioner.

Toci, Murphy, Lutey & Beck by Philip E. Toci and James C. Lerch, Prescott, for real party in interest Ponderosa.

OPINION

JACOBSON, Judge.

This special action arises out of the trial court's denial of Winner Enterprise's (Winner) motion to intervene as a party respondent in Ponderosa Car Wash, Inc. v. City of Prescott, Yavapai County Superior cause no. 50811. Winner claims it is the real party in interest and as such is entitled to intervene as a matter of right, pursuant to Rule 24(a)(2), Arizona Rules of Civil Procedure. Respondent real party in interest, Ponderosa...

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