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SALT RIVER PROJ. AGRIC. IMP. AND POWER DIST. v. MILLER PARK, L.L.C.

No. CV-07-0207-PR.

183 P.3d 497 (2008)

SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural improvement district organized and existing under the laws of the State of Arizona, Plaintiff/Appellant/Cross Appellee, v. MILLER PARK, L.L.C., an Arizona limited liability company; Miller Park II, L.L.C., an Arizona limited liability company, Defendants/Appellees/Cross Appellants.

Supreme Court of Arizona, En Banc.

February 14, 2008.

Attorney(s) appearing for the Case

Jennings, Strouss & Salmon, P.L.C. by Douglas Zimmerman, Michael J. O'Connor, John J. Egbert, Phoenix, Attorneys for Salt River Project Agricultural Improvement and Power District.

Bryan Cave LLP by Steven A. Hirsch, Rodney W. Ott, Phoenix, Attorneys for Miller Park, L.L.C. and Miller Park II, L.L.C.

Ayers & Brown, P.C., by Charles K. Ayers, Melinda A. Bird, Stephanie Heizer, Phoenix, Attorneys for Amicus Curiae City of Phoenix.

OPINION

BALES, Justice.

¶ 1 This condemnation case presents two issues. We hold that the trial court did not abuse its discretion in excluding evidence of the land owner's prior statements of valuation for property tax purposes. We also hold that mandatory cost-based sanctions may be imposed under Arizona Rule of Civil Procedure 68 even though Arizona Revised Statutes ("A.R.S.") § 12-1128(A) (2003) gives trial courts discretion to apportion costs...

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