Earlier this week, the Arizona Supreme Court issued an order in the matter styled CV-12-0013-PR SCENIC ARIZONA OF GREATER PHOENIX v PHOENIX BOARD OF ADJUSTMENT, AMERICAN OUTDOOR ADVERTISING, an appeal to that court from the Court of Appeals, Division One’s ruling last year in the appeal bearing case number 1 CA-CV 09-0489. I give you this data because apparently the local outdoor advertising community is flummoxed. This morning’s Republic reports, hopefully accurately, that industry spokespersons said they would have no comment on the Supreme Court’s order until they have reviewed it.
As a public service, let me offer that this review will not be all-consuming of the industry’s time. The Supreme Court denied review of the Court of Appeals’ decision- terminating the appellate process. The order therefore probably reads “The Petition for Review is DENIED.” (Sometimes courts use all caps, for emphasis.) There is no hope in Mudville; the matter is concluded, and the Court of Appeals’ opinion stands as the law on the subject of the lawsuit, about which I have previously blogged on this site..
I am teaching Sports Law (hence the Mudville allusion) this term at the Phoenix School of Law, which is filling in the gap nicely while something brews in the real property marketplace hereabouts. I can teach these students something about “the law of the case,” for example. I may find material to chat you up on the state of legal education.
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