Moyes Sellers & Hendricks Wins

In Boruch, et. al. v. State of Arizona, the Court of Appeal reversed the lower court’s ruling that the judicial branch did not have the authority to issue an injunction against the Arizona Department of Transportation and the City of Mesa from diverting and channeling excess storm water onto the properties of Mesa homeowners and renters.  The Court of Appeals held that A.R.S. § 12-802 does not bar injunctive relief when a public officer acts “unlawfully” by exceeding their authority or exercising discretionary authority arbitrarily or unreasonably. 

See Boruch v. State Oral Argument