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CITY OF CHANDLER v. ARIZONA DOT

No. 1 CA-CV 05-0631.

167 P.3d 122 (2007)

CITY OF CHANDLER, an Arizona Municipal Corporation, Plaintiff/Appellee, v. ARIZONA DEPARTMENT OF TRANSPORTATION, an agency of the State of Arizona, Defendant/Appellant.

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

September 18, 2007.

Attorney(s) appearing for the Case

Chandler City Attorney's Office by James R. Cairns, III, Chandler, Attorneys for Plaintiff/Appellee.

Arizona Attorney General's Office by James R. Redpath, Assistant Attorney General, Ron J. Aschenbach, Assistant Attorney General, Phoenix, Attorneys for Defendant/Appellant.

OPINION

SNOW, Judge.

¶ 1 The Arizona Department of Transportation ("ADOT") appeals the summary judgment requiring it to reimburse the City of Chandler for the relocation of utility lines necessitated by the construction of a state highway. Because the trial court erred in interpreting Arizona Revised Statutes ("A.R.S.") section 28-7156 (2004) to mandate such reimbursement, we vacate the summary judgment and remand for further proceedings consistent...

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