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DBT YUMA v. YUMA COUNTY AIRPORT AUTH.

No. CV-15-0019-PR.

361 P.3d 379 (2015)

DBT YUMA, L.L.C., an Arizona limited liability company; DBRT Yuma FBO, LLC, an Arizona limited liability company; DBRT Yuma Hangars, LLC, an Arizona limited liability company; DBRT Yuma Maintenance, LLC, an Arizona limited liability company, Plaintiffs/Appellants, v. YUMA COUNTY AIRPORT AUTHORITY, a body politic and corporate pursuant to A.R.S. § 28-8424; Yuma County, a political subdivision of the State of Arizona, Defendants/Appellees.

Supreme Court of Arizona.

November 24, 2015.

Attorney(s) appearing for the Case

Daryl M. Williams (argued), Michael C. Blair, Baird, Williams & Greer, LLP, Phoenix, Attorneys for DBT Yuma, L.L.C., DBRT Yuma FBO, LLC, DBRT Yuma Hangars, LLC, and DBRT Yuma Maintenance, LLC.

Paul S. Gerding, Jr., Marc R. Lieberman, Kelley E. Sucher, Kutak Rock, LLP, Scottsdale, Attorneys for Yuma County Airport Authority.

Jon R. Smith, Yuma County Attorney, William J. Kerekes (argued), Chief Civil Deputy County Attorney, Office of the Yuma County Attorney, Yuma, Attorneys for Yuma County.

Jeana R. Morrissey, Jeana R. Morrissey, PLLC, Gilbert, Attorney for Amici Curiae M-14P Inc., et al.

Vice Chief Justice PELANDER authored the opinion of the Court, in which Chief Justice BALES and Justices BRUTINEL, TIMMER, and BERCH (Retired) joined.

¶ 1 Under A.R.S. § 28-8424(A)(3), a non-profit corporation that leases airport property from a county "[p]erforms an essential governmental function as an agency or instrumentality" of the county. We here address whether, based solely on that statutory language, the Yuma County Airport...

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