· 8/5/1993
Evenstad v. State
Citations
- 875 P.2d 811
- 178 Ariz. 578
- 144 Ariz. Adv. Rep. 55
- 1993 Ariz. App. LEXIS 152
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- distinguishing betweendiscretionary governmental actions involving fundamental governmental policy, to which immunity applies, and ministerial actions implementing that policy, to which immunity does not apply
- distinguishing the discretionary policy decisions involved in promulgating administrative rules and regulations, and the ministerial implementation of those rules
- addressing a new issue after affording both sides an opportunity to file supplemental briefs on the issue
- “A.R.S. section 12-820.01 does not abrogate anything; it simply codifies the ‘obvious’ immunities expressly recognized in Ryan.'”
- statute immunizes promulgation of rules and procedures as a \determination of internal agency policy\
- “If application of a legal principle, even if not raised below, would dispose of an action on appeal and correctly explain the law, it is appropriate for us to consider the issue.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Weisberg, Jacobson, Gerst
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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