Arizona Court of Appeals – Page 3

Turtle Talk Presents … Random Brief Day

February 15, 2013Matthew L.M. Fletcher1 Comment

Not much going on, so how about a few random briefs?

Here’s a brief from the State of Arizona in the Arizona COA defending a decision to deny state unemployment benefits to a former Navajo Nation elected official who is unemployed after losing an election (Robbins v. Arizona Dept. of Economic Security):

Arizona Brief

And here’s a SCT cert petition from a North Carolina company alleging that the state’s ban on a form of gaming advertisements are violative of the First Amendment (Sandhill Amusements Inc. v. North Carolina):

Sandhill Cert Petition

Arizona Appeals Court Affirms Denial of Worker’s Comp Jurisdiction over Tribal Gaming Insurer

October 28, 2012Matthew L.M. Fletcher

Here is the memorandum opinion in Carter v Arizona Industrial Commission (Ariz. App.).

Constitutional Challenge to Arizona Indian Gaming Law Rejected

December 9, 2011December 9, 2011Matthew L.M. Fletcher

Here is the unpublished opinion.

Arizona Appeals Court Declines to Dismiss Appeal of Non-Indian Party Suing Yavapai-Apache

November 14, 2011Matthew L.M. Fletcher1 Comment

Strange little case, unpublished in the Arizona Reporter, and captioned MM&A Prods., LLC v. Tang.

The court previously held that the underlying contract claim against the Yavapai-Apache Nation should be dismissed. But the plaintiffs keep coming: Continue reading →

Appellate Briefs in Tohono O’odham Nation v. City of Glendale — Glendale’s Effort to Annex Tribe-Owned Land

November 19, 2010Matthew L.M. Fletcher1 Comment

Here are the materials so far in this case, pending in the Arizona Court of Appeals:

TON Opening Brief

Glendale Answer Brief

T.P. Racing v. Ariz. Dept. of Gaming — Denial of Gaming Supplier License Affirmed

April 9, 2010Matthew L.M. Fletcher

Here is the unpublished opinion from the Arizona Court of Appeals (Div. 1).

Arizona Court of Appeals Dismisses Contract Claim Appeal against Yavapai

November 22, 2009Matthew L.M. Fletcher2 Comments

Here is the opinion in MM&A Productions v. Yavapai-Apache Nation (opinion). An excerpt:

Appellant MM & A Productions appeals from the trial court’s dismissal of its action against the Yavapai-Apache Nation’s Cliff Castle Casino (“the Tribe”). MM & A maintains the Tribe waived its sovereign immunity and the court erred in concluding it lacked subject matter jurisdiction over the action. It also maintains the court wrongly “accelerate[d] the date by which [it] needed to appeal,” and erred in denying its motion for relief under Rule 60(c), Ariz. R. Civ. P. Because none of the orders from which MM & A appeals is appealable, we conclude we lack jurisdiction of this matter and dismiss the appeal.

Non-Indian Business Loses Reservation Tax Case to Arizona Dept. of Revenue

April 17, 2009Matthew L.M. Fletcher

The case is Calpine Construction Finance Co. v. Arizona Dept. of Revenue (opinion), out of the Arizona Court of Appeals, Division 1. An excerpt:

Calpine Construction Finance Co. (“Calpine”) appeals from a grant of summary judgment holding that Calpine must pay the Arizona property tax on improvements and personal property located at the South Point Energy Center (“Plant”), which is located on the Fort Mojave Indian Reservation. We hold that Calpine owns the improvements and personal property based upon the language in the lease agreement, Calpine’s lack of rental obligations for the improvements, and its control over the removal or replacement of the improvements. Therefore, we affirm the judgment.

Here are the materials:

Continue reading →