On May 11, a Clerk of Division One of the Arizona Court of Appeals filed an order of dismissal of case 1-CA-CV-21-0695, an appeal by the Boulders Homeowners Association of a ruling by condemnation Judge Daniel Martin.
The dismissal was not unexpected. In his May 5 letter to residents, BHOA President Corbin McNeill wrote “the Arizona Supreme Court has denied our petition for review and the award of attorney’s fees with respect to the issue of whether the Town of Carefree was the proper party to condemn our property. As a result of this ruling and with advice of counsel we will be requesting dismissal of our one remaining appeal in the Appeals Court.”
This was a stipulated dismissal, which is always a voluntary agreement between the parties. We believe this is a good result for the BHOA as the Town’s claim against the BHOA for reasonable attorneys’ fees was also dismissed.
There are now no remaining appeals regarding the location of the water storage reservoir in the condemnation case Carefree v The Boulders, CV2021-006704. Water tank construction will continue with only the valuation portion of the condemnation suit still to be decided. The Court’s Civil Termination Letter is posted on the Carefree Unity website’s Legal Proceedings page.