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LEVITAN v. STATE, REGISTRAR OF CONTRACTORS

No. 1 CA-CV 01-0138.

33 P.3d 796 (2001)

201 Ariz. 225

Barry LEVITAN, Plaintiff-Appellant, v. STATE of Arizona, REGISTRAR OF CONTRACTORS, Defendants-Appellee.

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

November 13, 2001.

Attorney(s) appearing for the Case

Barry Levitan, In propria persona, Flagstaff, Janet Napolitano, Attorney General, by Mary DeLaat Williams, Assistant Attorney General, Phoenix, Attorneys for Defendants-Appellees.

Law Offices of Michael A. Parham, by Michael A. Parham, and Law Offices of Scott M. Clark, by Scott M. Clark, Phoenix, Attorneys for Amicus Curiae Arizona Multihousing Association.

OPINION

PATTERSON, Judge.

¶ 1 Barry Levitan appeals the judgment of the superior court declaring him a contractor within the meaning of Arizona Revised Statute ("A.R.S.") § 32-1101(A)(3) (Supp.2000). For the following reasons, we reverse.

I. BACKGROUND

¶ 2 For purposes of this declaratory judgment action, the parties have stipulated to the relevant facts. Levitan owns two residential rental properties in Flagstaff containing...

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