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PONDEROSA FIRE DIST. v. COCONINO COUNTY

No. 1 CA-CV 13-0545.

334 P.3d 1256 (2014)

235 Ariz. 597

PONDEROSA FIRE DISTRICT, a political subdivision of the State of Arizona; Utility Source, L.L.C., an Arizona limited liability company; Townhomes at Flagstaff Meadows Homeowners Association, an Arizona non-profit corporation; FLAGSTAFF MEADOWS PROPERTY OWNERS' ASSOCIATION, an Arizona non-profit corporation; THE FLAGSTAFF MEADOWS UNIT 3 HOMEOWNERS ASSOCIATION, an Arizona non-profit corporation; and Bellemont 276 L.L.C., an Arizona limited liability company, Plaintiffs/Appellees, v. COCONINO COUNTY, Arizona, a political subdivision of the State of Arizona; Coconino County Board of Supervisors, the duly elected governing board of Coconino County, Arizona; Coconino County Community Development, a department of Coconino County, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

August 28, 2014.

Attorney(s) appearing for the Case

Freeman Huber Law PLLC By Shelton L. Freeman and Matthew J. Mansfield, Flagstaff, Counsel for Plaintiffs/Appellees.

Gammage & Burnham PLC By Cameron C. Artigue and Christopher L. Hering, Phoenix, Counsel for Defendants/Appellants.

Mangum Wall Stoops & Warden PLLC By Michelle D'Andrea, Flagstaff, Counsel for Amicus Curiae City of Flagstaff.

Maricopa County Attorney's Office By Wayne J. Peck, Phoenix, Counsel for Amicus Curiae Maricopa County.

Holloway Odegard & Kelly PC By Ellen M. Van Riper, Phoenix, Counsel for Amicus Curiae League of Arizona Cities and Towns.

Judge ANDREW W. GOULD delivered the opinion of the Court, in which Presiding Judge LAWRENCE F. WINTHROP and Judge MAURICE PORTLEY joined.

OPINION

GOULD, Judge.

¶ 1 We are asked to decide whether Coconino County, Arizona, the Coconino County Board of Supervisors ("Board"), and the Coconino County Community Development Department (collectively "the County") have the discretion to call performance bonds posted by a developer to ensure completion of subdivision improvements pursuant to Arizona Revised Statute ("A.R.S.") section 11-821(C) and...

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