Cited by
Opinions in Arizona that cite City of Phoenix v. Donofrio, 407 P.2d 91.
- Clinton Roberts v. State of Arizona 512 P.3d 1007 Ariz. 2022
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Clinton Roberts v. State of Arizona
512 P.3d 1007
Ariz. 2022
It is a foundational rule of statutory construction “that courts will not read into a statute something which is not within the manifest intention of the legislature as gathered from the statute itself,” and similarly the “court will not inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions.”
- Hiskett v. Hon. lambert/state 451 P.3d 408 Ariz. Ct. App. Div. 1 2019
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Hiskett v. Hon. lambert/state
451 P.3d 408
Ariz. Ct. App. Div. 1 2019
We will not read into a statute anything not within the clear intent of the legislature as indicated by the statute itself, nor will we “inflate, expand, stretch[,] or extend a statute to matters not falling within its express provisions.” ().
- Oursland v. Hon mackey/aps Ariz. Ct. App. Div. 1 2018
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Oursland v. Hon mackey/aps
Ariz. Ct. App. Div. 1 2018
e “is the best and most reliable index of its meaning, and where language is clear and unequivocal it is determinative of its construction.”); (“The legislature is presumed to express its meaning as clearly as possible and therefore words used in a statute are to be accorded their obvious and natural meaning.”); (we may not “inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions”); State ex rel.
- Empire Sw. LLC v. Ariz. Dep't of Revenue 422 P.3d 1082 Ariz. Ct. App. Div. 1 2018
- In Re the Adoption of A.R., A.-R., and -A.-R. 387 P.3d 1285 Ariz. Ct. App. Div. 2 2016
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In Re the Adoption of A.R., A.-R., and -A.-R.
387 P.3d 1285
Ariz. Ct. App. Div. 2 2016
¶11 Although we empathize with the unfortunate circumstances presented in this matter, we cannot “read into a statute something which is not within the manifest intention of the legislature as gathered from the statute itself.”
- Catalina Foothills Unified School District No. 16 v. La Paloma Property Owners Ass'n 363 P.3d 127 Ariz. Ct. App. Div. 1 2015
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Catalina Foothills Unified School District No. 16 v. La Paloma Property Owners Ass'n
363 P.3d 127
Ariz. Ct. App. Div. 1 2015
¶ 9 Political subdivisions, including school districts, “do not have inherent powers of eminent domain and may only exercise those powers that are statutorily delegated to them.” Id., ¶ 12; , (“[A] court will not inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions.”).
- DBT Yuma, L.L.C. v. Yuma County Airport Authority 340 P.3d 1080 Ariz. Ct. App. Div. 1 2014
- KCI Restaurant Management LLC v. Holm Wright Hyde & Hays PLC 341 P.3d 1156 Ariz. Ct. App. Div. 1 2014
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DBT Yuma, L.L.C. v. Yuma County Airport Authority
340 P.3d 1080
Ariz. Ct. App. Div. 1 2014
v. Donofrio, or construe a statute in a manner that will lead to absurd results.
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KCI Restaurant Management LLC v. Holm Wright Hyde & Hays PLC
341 P.3d 1156
Ariz. Ct. App. Div. 1 2014
(“[C]ourts will not read into a statute something which is not within the manifest intention of the legislature as gathered from the statute itself.”).3 And KCI has not articulated a legal basis for ignoring the plain language of the statute.
- Karl v. US Bank National Ass'n 308 P.3d 1173 Ariz. Ct. App. Div. 1 2013
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Karl v. US Bank National Ass'n
308 P.3d 1173
Ariz. Ct. App. Div. 1 2013
Furthermore, we may not “inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions,” , and we “cannot read into a statute something which is not within the manifest intention of the legislature as gathered from the statute itself.” State ex rel.
- State of Arizona v. James Darrell Johnson Ariz. Ct. App. Div. 2 2012
- State of Arizona v. James Darrell Johnson Ariz. Ct. App. Div. 2 2012
- In Re Estate of Winn 237 P.3d 628 Ariz. Ct. App. Div. 1 2010
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In Re Estate of Winn
237 P.3d 628
Ariz. Ct. App. Div. 1 2010
"Nor will we `inflate, expand, stretch, or extend a statute to matters not falling within its express provisions.'" Pickrell, 98 Ariz. at 386 , 405 P.2d at 873 ( , ).
- In re MH 2008-001752 218 P.3d 1024 Ariz. Ct. App. Div. 1 2009
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In re MH 2008-001752
218 P.3d 1024
Ariz. Ct. App. Div. 1 2009
In re MH 2004-001987, ¶ 14 , ( , ).
- In Re Mh Xxxx-Xxxxxx 213 P.3d 374 Ariz. Ct. App. Div. 1 2009
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In Re Mh Xxxx-Xxxxxx
213 P.3d 374
Ariz. Ct. App. Div. 1 2009
258, ¶ 14, , 213 (App. 2005) ( , ).
- UNITED DAIRYMEN OF ARIZONA v. Rawlings 177 P.3d 334 Ariz. Ct. App. Div. 1 2008
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UNITED DAIRYMEN OF ARIZONA v. Rawlings
177 P.3d 334
Ariz. Ct. App. Div. 1 2008
(“Courts will not read into a statute something which is not within the manifest intention of the legislature as gathered from the statute itself.”).
- In re MH 2006-000490 154 P.3d 387 Ariz. Ct. App. Div. 1 2007
- In Re Mh Xxxx-Xxxxxx 154 P.3d 387 Ariz. Ct. App. Div. 1 2007
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In re MH 2006-000490
154 P.3d 387
Ariz. Ct. App. Div. 1 2007
Just as we do not “inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions,” , neither do we deflate, defeat, or disregard statutory terms the legislature has expressly included.
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In Re Mh Xxxx-Xxxxxx
154 P.3d 387
Ariz. Ct. App. Div. 1 2007
Just as we do not "inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions," , neither do we deflate, defeat, or disregard statutory terms the legislature has expressly included.
- City of Phoenix v. Harnish 150 P.3d 245 Ariz. Ct. App. Div. 1 2006
- City of Phoenix v. Harnish 150 P.3d 245 Ariz. Ct. App. Div. 1 2006
- Aaa Cab Service Inc. v. Kerri S. Way, Special Fund division/no Insurance Section 141 P.3d 822 Ariz. Ct. App. Div. 2 2006
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Aaa Cab Service Inc. v. Kerri S. Way, Special Fund division/no Insurance Section
141 P.3d 822
Ariz. Ct. App. Div. 2 2006
(“Where the language of a statute is clear and unambiguous, courts are not warranted in reading into the law words the legislature did not choose to include.”); (“[A] court will not inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions.”); Bridgestone/Firestone N. Am.
- In re MH 2004-001987 120 P.3d 210 Ariz. Ct. App. Div. 1 2005
- In Re Mh Xxxx-Xxxxxx 120 P.3d 210 Ariz. Ct. App. Div. 1 2005
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In re MH 2004-001987
120 P.3d 210
Ariz. Ct. App. Div. 1 2005
We must not “inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions.”
- In Re Mh Xxxx-Xxxxxx 120 P.3d 210 Ariz. Ct. App. Div. 1 2005
- Arizona State Democratic Party v. State 98 P.3d 214 Ariz. Ct. App. Div. 1 2004
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Arizona State Democratic Party v. State
98 P.3d 214
Ariz. Ct. App. Div. 1 2004
¶ 37 Courts may not “inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions.”
- Bridgestone Firestone North America Tire v. A.P.S. Rent a Car & Leasing Ariz. Ct. App. Div. 2 2004
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Bridgestone Firestone North America Tire v. A.P.S. Rent a Car & Leasing
Ariz. Ct. App. Div. 2 2004
ples.14 Were we to interpret § 12-684(A) by importing Bridgestone’s common law and policy arguments into the statute, “[s]uch an interpretation in effect [would] amend[] the statute to require proof of elements not set forth by the legislature.” Sepahi, 78 P.3d at 735; see also McIntyre Refrigeration, 165 Ariz. at 565, 799 P.2d at 906, (“‘[A] court will not inflate, expand, stretch or extend a statute to matters not falling within its expressed provisions.’”) (alteration in McIntyre).
- Orsett/Columbia Ltd. Partnership v. Superior Court 83 P.3d 608 Ariz. Ct. App. Div. 1 2004
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Orsett/Columbia Ltd. Partnership v. Superior Court
83 P.3d 608
Ariz. Ct. App. Div. 1 2004
For example, -34 , our supreme court held that the language in § 12-1111(3) authorizing a city to exercise the right of eminent domain for “[b]uildings and grounds” did not allow the city to condemn private property for parking areas to be used in conjunction with city buildings.
- State v. Affordable Bail Bonds 6 P.3d 339 Ariz. Ct. App. Div. 1 2000
- State v. Affordable Bail Bonds 6 P.3d 339 Ariz. Ct. App. Div. 1 2000
- Hospital Corp. of Northwest, Inc. v. Arizona Department of Health Services 988 P.2d 168 Ariz. Ct. App. Div. 1 1999
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Hospital Corp. of Northwest, Inc. v. Arizona Department of Health Services
988 P.2d 168
Ariz. Ct. App. Div. 1 1999
407 * (court will not read into statute something not clearly within the intent as gathered from the statute).
- State v. Baca 926 P.2d 528 Ariz. Ct. App. Div. 1 1996