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2010AP1 City of Prescott v. Premium Properties LP, et al.

Civil Procedure
Amended complaints; prejudice

The City of Prescott issued thirteen citations to Premium Properties, LP, alleging it violated a municipal ordinance that prohibits the storage of fireworks within five-hundred feet of a residence. After an evidentiary hearing, the circuit court ruled that Victory Fireworks, Inc., not Premium Properties, was the proper defendant. The court amended the citations by substituting Victory Fireworks as the defendant. It then found Victory Fireworks guilty of the ordinance violations. Because the amendment prejudiced Victory Fireworks, we conclude the circuit court erroneously exercised its discretion. We therefore reverse. This opinion will not be published.

2010AP1 City of Prescott v. Premium Properties LP, et al.

Dist III, Pierce County, Wing, J., Per Curiam

Attorneys: For Appellant: Lundeen, Barry C., Hudson; Waterman, R. Michael, Hudson; For Respondent: Dunst, Terrence L., Baldwin

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