GREETINGS:
The following action was taken by the Supreme Court of the State of Arizona on December 6, 2022, in regard to the above-referenced cause:
ORDERED: Petition for Review of Opinion of the Court of Appeals = GRANTED as to this rephrased question:
Does A.R.S. § 12-904(A) bar petitioners’ appeal from the Board of Adjustments decision and their defense to the counterclaim?
FURTHER ORDERED: The case shall be set for oral argument.
FURTHER ORDERED: The parties may file simultaneous supplemental briefs, not to exceed 20 pages in length, no later than 20 days from the date of this Courts Minute Letter. Any amicus briefs are due on or before January 11, 2023 and any responses to amicus briefs are due on or before February 1, 2023. Any amicus briefs or responses may not exceed 20 pages in length. Filing of a supplemental brief is permissive rather than mandatory. This order should not be construed as an invitation to repeat the contents of the Petition for Review, the Response, or any Reply. Lack of a supplemental brief shall not be considered an admission that the position of the opposing party or parties should prevail. Counsel shall be advised of the date and time of oral argument at such time as the hearing date is determined.
The Clerk of the Court of Appeals, Division One, Phoenix, shall forward the remaining record to the Clerk of the Supreme Court.
Tracie K. Lindeman, Clerk
TO:
Christopher H Bayley
Emily Gildar Wagner
James G Florentine
Andrew M Jacobs
Wayne J Peck
Joseph Branco
Amy M Wood
Rachel H Mitchell
Raymond L Billotte
Hon Danielle J Viola
Hon Jeff Fine
Hon Joseph C Welty
Hon Sally Schneider Duncan
ROBERT BRUTINEL Chief Justice
Chief Justice Brutinel and Justice Montgomery did not participate in the determination of this matter.