CANYON DEL RIO v. CITY OF FLAGSTAFF

No. 1 CA-CV 10-0013.

258 P.3d 154 (2011)

CANYON DEL RIO INVESTORS, L.L.C., an Arizona limited liability company, Plaintiff/Appellant, v. CITY OF FLAGSTAFF, a municipal corporation, Defendant/Appellee.

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

May 24, 2011.


Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A. By Daryl Manhart, Edwin Fleming, Jessica Conaway, Phoenix, Attorneys for Plaintiff/Appellant.

Mariscal, Weeks, McIntyre & Friendlander, P.A. By Michael S. Rubin, Nicole S. Felker, Phoenix, Attorneys for Defendant/Appellee.


OPINION

SWANN, Judge.

¶ 1 Canyon del Rio Investors, L.L.C. ("CDR"), brought claims against the City of Flagstaff for declaratory judgment and damages in connection with a zoning dispute. The superior court ruled that the claims were barred by the statute of limitations. We hold: (1) damage claims arising out of municipal zoning decisions do not ripen—and the statute of limitations does not begin to run—until the plaintiff exhausts its...

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