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4501 NORTHPOINT LP v. MARICOPA COUNTY

No. CV-05-0124-PR.

128 P.3d 215 (2006)

212 Ariz. 98

4501 NORTHPOINT LP, a limited partnership, Plaintiff-Appellant, v. MARICOPA COUNTY, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

February 8, 2006.

Attorney(s) appearing for the Case

Fennemore Craig, P.C. by Paul J. Mooney, Jim L. Wright, Paul Moore, Phoenix, Attorneys for 4501 Northpoint LP.

Andrew Thomas, Maricopa County Attorney by Richard W. Garnett, Phoenix, Attorneys for Maricopa County.

OPINION

BALES, Justice.

¶ 1 Section 12-348(B) of the Arizona Revised Statutes ("A.R.S.") (2003) authorizes an award of attorneys' fees to a taxpayer who "prevails by an adjudication on the merits" in an action challenging the assessment or collection of taxes. In this case, we hold that a taxpayer who accepts an offer of judgment in the taxpayer's favor under Rule 68 of the Arizona Rules of Civil Procedure has prevailed by an adjudication on the merits...

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