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FT. LOWELL-NSS LTD. PARTNERSHIP v. KELLY

No. 2 CA-SA 89-0071.

162 Ariz. 493 (1989)

784 P.2d 699

FT. LOWELL-NSS LIMITED PARTNERSHIP, Petitioner, v. The Honorable John F. KELLY, a Judge for the Superior Court of the State of Arizona, County of Pima, Respondent, and Josephine JULA and Michael Jula, wife and husband, Real Parties in Interest.

Court of Appeals of Arizona, Division 2, Department B.

Review Granted January 9, 1990.

Attorney(s) appearing for the Case

Molloy, Jones & Donahue, P.C. by Ardner R. Cheshire, Jr. and David J. Diamond, Tucson, for petitioner.

Rabinovitz & Associates, P.C. by Bernard I. Rabinovitz, Tucson, for real parties in interest.

OPINION

LACAGNINA, Judge.

This special action was taken from an order of the respondent court denying defendant/petitioner Ft. Lowell-NSS Limited Partnership's motion for summary judgment. We accept jurisdiction because the claims of the parties raise novel and important issues which we believe require resolution by this court.

Petitioner is the owner of a self-storage facility located in Tucson. The project was developed by National Self Storage Management...

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