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TOM MULCAIRE v. CITY OF COTTONWOOD

No. 1 CA-CV 10-0622.

260 P.3d 1098 (2011)

TOM MULCAIRE CONTRACTING, LLC, an Arizona limited liability company, Plaintiff/Appellee, v. CITY OF COTTONWOOD, a Governmental entity; Diane Joens, Mayor of the City of Cottonwood; Karen Pfeifer, Vice-Mayor of the City of Cottonwood; Duane Kirby, City Council Person; Linda Norman, City Council Person; Terence Pratt, City Council Person, Defendants/Appellants.

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

July 26, 2011.

Attorney(s) appearing for the Case

Dennis P. Bayless, PLLC By Dennis P. Bayless, Cottonwood, Attorneys for Plaintiff/Appellee.

Murphy, Schmitt, Hathaway & Wilson, P.L.L.C. By Milton W. Hathaway, Jr. and Andrew J. Becke, Prescott, Attorneys for Defendants/Appellants.

OPINION

NORRIS, Judge.

¶ 1 Defendants/Appellants City of Cottonwood and certain elected officials (collectively, the "City") appeal from a judgment awarding Tom Mulcaire Contracting, LLC, fees under Arizona Revised Statutes ("A.R.S.") section 12-2030 (2003), a statute that requires a court to award attorneys' fees to a prevailing party in a mandamus action. The issue presented in this appeal is whether a party is entitled to fees under this statute...

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