Cattani, Kent

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Judicial Decisions

CAO, et al. v. PFP DORSEY, et al.
Case Date: 07/07/2022Case Number: 1 CA-CV 21-0275Question Presented: Whether the forced sale of a Tempe condominium under A.R.S. § 33-1228, which allows a supermajority of condominium unit owners to approve the termination of a condominium complex, even over the objection of other condominium unit owners is an unconstitutional taking of private property in violation of Ariz. Const. art. 2, § 17?Decision: A.R.S. § 33-1228 is constitutional as applied only if the condominium purchaser agrees to the statute at the time of purchase.Judge Position: Joined in the 3/0 decision.
MEYER, et al. v. STATE
Case Date: 02/05/2019Case Number: 1 CA-CV 18-0031Question Presented: Whether a state law, which says “[t]he regulation of nonwage employee benefits . . . is not subject to further regulation by a city, town, or other political subdivision of this state,” violates the Voter Protection Act by implicitly repealing a portion of the Minimum Wage Act.Decision: The statute impliedly repeals a portion of a voter-passed law, violating Ariz. Const. art. 4, pt. 1, § 1(6), and is therefore unconstitutional.Judge Position: Joined in the 3/0 decision.