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FIDELITY NAT. TITLE CO. v. TOWN OF MARANA

No. 2 CA-CV 2008-0189.

204 P.3d 1096 (2009)

FIDELITY NATIONAL TITLE COMPANY, INC., as Trustee, and not in its corporate capacity, under Trust Nos. 30, 199 and 60,104, Plaintiff/Appellant, v. TOWN OF MARANA, a municipal corporation, and Jocelyn Bronson, in her capacity of Town Clerk; Defendants/Appellees, Carolyn E. Nessinger, Intervenor/Appellee.

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

Reconsideration Denied February 18, 2009.

Attorney(s) appearing for the Case

Stubbs & Schubart, P.C. By G. Lawrence Schubart and Jeffrey H. Greenberg, Tucson, Attorneys for Plaintiff/Appellant.

Frank Cassidy, Marana Town Attorney By Cedric Hay, Marana and Arizona Center for Law in the Public Interest By Joy E. Herr-Cardillo, Tucson, Attorneys for Defendants/Appellees.

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 In this expedited election appeal pursuant to Rule 8. 1, Ariz. R. Civ.App. P., appellant Fidelity National Title Company has appealed from the trial court's entry of summary judgment and dismissal of its special action complaint against appellees the Town of Marana and Carolyn Nessinger. Fidelity argues the trial court disregarded the bright-line rule set forth in Arizona law defining the event that triggers...

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