Flood Control Dist. v. Gaines

43 P.3d 196, 202 Ariz. 248, 370 Ariz. Adv. Rep. 37, 2002 Ariz. App. LEXIS 47
CourtCourt of Appeals of Arizona
DecidedApril 2, 2002
Docket1 CA-SA 01-0186
StatusPublished
Cited by16 cases

This text of 43 P.3d 196 (Flood Control Dist. v. Gaines) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flood Control Dist. v. Gaines, 43 P.3d 196, 202 Ariz. 248, 370 Ariz. Adv. Rep. 37, 2002 Ariz. App. LEXIS 47 (Ark. Ct. App. 2002).

Opinion

43 P.3d 196 (2002)
202 Ariz. 248

FLOOD CONTROL DISTRICT OF MARICOPA COUNTY, Petitioner,
v.
Hon. F. Pendleton GAINES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge,
Paloma Investment Limited Partnership, a limited partnership, Prudential Insurance Co. of America, a New Jersey corporation, Paloma Ranch Joint Venture, a joint venture, The Hartford, a corporation, Gillespie Dam Investments, L.L.C., a limited liability company, Paloma Water Users, Inc., a corporation, Theba Management Co., a corporation and Charter L.L.C., a limited liability company, Real Parties in Interest.

No. 1 CA-SA 01-0186.

Court of Appeals of Arizona, Division 1, Department D.

April 2, 2002.

*197 Helm & Kyle, LTD By John D. Helm, Roberta S. Livesay, Patricia L. Barfield, Tempe, Attorneys for Petitioner.

Mesch, Clark & Rothschild, P.C. By J. Emery Barker, Scott H. Gan, Alan N. Ariav, Tucson, Attorneys for Real Parties in Interest.

OPINION

HALL, Judge.

¶ 1 Petitioner Flood Control District of Maricopa County ("FCD") seeks special action relief from the trial court's denial of its motion for summary judgment on a counterclaim filed by real parties in interest ("RPIs"). The controlling issue is whether the period within which an inverse condemnation action must be commenced after accrual is the one-year period for actions *198 against public entities, Ariz.Rev.Stat. ("A.R.S.") § 12-821 (1994), or the ten-year prescriptive period to recover lands in the possession of another, A.R.S. § 12-526(A) (1992). We conclude that § 12-821 supercedes the holding in Maricopa County Municipal Water Conservation Dist. No. 1 ("Water District") v. Warford, 69 Ariz. 1, 206 P.2d 1168 (1949), that the ten-year period of Arizona Code Annotated ("A.C.A.") § 29-103 (1939) (now A.R.S. § 12-526) governs the time for commencing an inverse condemnation action. Therefore, we reverse the trial court's order denying FCD's summary judgment motion and remand for further proceedings consistent with this opinion.

JURISDICTION

¶ 2 We rarely accept special action jurisdiction when a party seeks relief from the denial of a motion for summary judgment. See Piner v. Superior Court, 192 Ariz. 182, 184, ¶ 8, 962 P.2d 909, 911 (1998); Orme School v. Reeves, 166 Ariz. 301, 302-03, 802 P.2d 1000, 1001-02 (1990). However, there are circumstances present in this case, as there were in Denton v. American Family Care, 190 Ariz. 152, 154, 945 P.2d 1283, 1285 (1997), that militate in favor of our acceptance of special action jurisdiction. Section 12-821 (in its present form) is relatively new, and the issue presented is one of first impression. See id. Trial courts in Maricopa County have reached contrary conclusions on the issue.[1]See id. The issue is of statewide significance, affecting not just the parties involved, but all inverse condemnation cases. See id. Also, the question presented is purely a question of law. See id. "Special action review is particularly appropriate where the issue of the statute of limitations has been raised and, where that claim is denied incorrectly, there is no plain, speedy or adequate remedy by appeal." Canteen Corp. v. Superior Court, 158 Ariz. 461, 461, 763 P.2d 525, 525 (App.1988). Further, the damages sought by RPIs exceed $100 million and "[n]ormal appellate procedures will result in unnecessary cost and delay to all litigants." Summerfield v. Superior Court, 144 Ariz. 467, 469, 698 P.2d 712, 714 (1985). Although resolution of this issue will not completely terminate the counterclaim unless the trial court rules in favor of FCD as a matter of law on the accrual issue, see infra n. 5, we believe the factors outlined above warrant our acceptance of special action jurisdiction. Therefore, we accept jurisdiction of the petition for special action.

BACKGROUND

¶ 3 FCD is a political subdivision responsible for developing and managing flood control projects to ensure public safety. In the early 1980s, FCD obtained easements over a number of properties in southwest Maricopa County, between Ninety-First Avenue and the Gillespie Dam, as part of an effort to contain flooding. FCD then began to clear vegetation from a 1,000-foot-wide corridor along thirty-seven miles of the Gila River from Ninety-First Avenue to the Gillespie Dam. In 1982, Paloma Ranch Joint Venture ("PRJV"), conveyed an easement to FCD over a 26.8 acre parcel for the clearing of vegetation. In 1991, Paloma Investments Limited Partnership ("PILP"), a successor in interest to PRJV, conveyed the fee interest in the easement parcel to FCD.

¶ 4 On January 9, 1993, the Gillespie Dam breached. The breach caused severe damage to downstream landowners' property. In 1995, the downstream landowners filed suit against PRJV, PILP, Prudential,[2] and FCD, alleging that their property was flooded and damaged as a result of the dam's failure. On September 18, 1996, in connection with the downstream landowners' lawsuit, PRJV, PILP and Prudential filed a "Joint Notice of Claim" that sought indemnification from FCD and alleged that FCD had a duty to defend them against the lawsuit pursuant to *199 an indemnity agreement contained in the easement agreement between PRJV and FCD.

¶ 5 On April 17, 1997, FCD filed a separate suit (this case) against PRJV, PILP, and Prudential seeking a declaratory judgment that it had no obligation to indemnify or defend them. On December 31, 1998, RPIs[3] filed a counterclaim seeking damages against FCD for inverse eminent domain and negligence.[4] FCD then filed a motion for summary judgment on the counterclaims alleging that the action was time-barred by the one-year statute of limitations for actions against public entities and that RPIs failed to comply with the notice of claim statute. See §§ 12-821 and -821.01. The trial court summarily denied FCD's motion for summary judgment. FCD then filed this special action on the issue whether RPIs' counterclaim is time-barred by § 12-821.

ANALYSIS

¶ 6 Relying on § 12-821, FCD contends that RPIs' counterclaim is time-barred because it was not brought within one year of accrual. Section 12-821, as amended in 1994, provides: "All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward." The counterclaim was filed December 31, 1998. If the one-year limitations period of § 12-821 applies to inverse condemnation actions, then the counterclaim is time-barred if it accrued before December 31, 1997.[5]

¶ 7 RPIs contend that the applicable limitations period is the ten-year period for commencing an action to recover lands in the possession of another. See A.R.S.

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Bluebook (online)
43 P.3d 196, 202 Ariz. 248, 370 Ariz. Adv. Rep. 37, 2002 Ariz. App. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flood-control-dist-v-gaines-arizctapp-2002.