Tohono O’odham v. Glendale, 1 CA-CV 10-0341 (Ariz. App. May 3, 2011)

The Arizona Court of Appeals issued a decision yesterday reversing summary judgment on the annexation issue:

Excerpt:

The Tohono O’odham Nation (“Nation”) appeals the grant of summary judgment to the City of Glendale (“Glendale”) on Nation’s challenge to Glendale’s purported annexation of real property owned by Nation. For the reasons that follow, we hold that when the validity of a municipality’s annexation ordinance is timely challenged in court, the annexation does not automatically become final thirty days after the ordinance was adopted. Accordingly, we reverse the grant of summary judgment in favor of Glendale and remand for entry of judgment in favor of Nation.

Get the decision: http://azcourts.gov/Portals/89/opinionfiles/CV/CV100341.pdf.