Canyon Del Rio Investors, L.L.C. v. City of Flagstaff

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that disagreement between developer and municipal officials over whether municipal zoning code barred developer’s residential development proposal was “sufficient to establish a justiciable controversy to support [developer’s] request for declaratory relief”
• holding limitation periods for damage and declaratory judgment claims do not begin to run “until administrative remedies have been exhausted” and “an as-applied challenge to a zoning decision must be predicated on a final decision by the relevant government body”
• Rule 12(b) dismissal deemed summary judgment on appeal, even absent notice and express opportunity for parties to present additional relevant material to trial court
• motion to dismiss attached zoning documents and response incorporated correspondence and other zoning documents
• Arizona’s declaratory judgment act allows a court to determine legal rights “before the occurrence of a breach or injury necessary to sustain a coercive action (one seeking damages or injunctive relief).”
• “When a justiciable controversy exists, the [UDJA] allows adjudication of rights before the occurrence of a breach or injury necessary to sustain a coercive action (one seeking damages or injunctive relief).”

Source: CourtListener parenthetical corpus (CC0).