Agenda - Council - 10/14/2025 - Laserfiche WebLink

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ARCADIA OSBORN, et al, v. CLEAR CHANNEL, et al. Opinion of the Court labeling a complaint "Complaint For Declaratory Judgment (Contract)" did not transform an action for damages to an action for declaratory judgment). ¶32 Whether labeled a special action or a request for a declaratory judgment, Appellants ask the superior court to reverse the Board's decision. Such a request is outside the scope of the ADJA. See A.R.S. § 12-1832 (stating that relief is limited to "obtain[ing] a declaration of rights, status or other legal relations"), Black v. Siler, 96 Ariz. 102, 105 (1964) (noting that a declaratory judgment "simply declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done). Short of reversing the Board's decision, a declaration that the Board acted in excess of its legal authority would be advisory only. See Ariz. St. Bd. of Dirs. for Junior Coils. v. Phx. Union High Sch. Dist. of Maricopa Cnty., 102 Ariz. 69, 73 (1967) ("No proceeding will lie under the declaratory judgment acts to obtain a judgment which is advisory only or which merely answers a moot or abstract question; a mere difference of opinion will not suffice."). The superior court did not err. CONCLUSION ¶33 For the reasons stated above, we affirm the ruling of the superior court that plaintiffs lack standing to challenge the Board's decision. AMY M. WOOD • Clerk of the Court FILED: AA 10