Burns v. City of Tucson
Burns v. City of Tucson
Opinion of the Court
¶ 1 Michael Burns appeals from the trial court's order dismissing his complaint that alleged violations of his rights under Arizona's relocation-assistance statutes. He argues those statutes imply a private right of action, that he was entitled to bring a negligence action to remedy his inadequate relocation-assistance award, and that the superior court should have exercised special-action jurisdiction. We affirm.
Factual and Procedural History
¶ 2 On review of a motion to dismiss, "we assume the truth of all material facts alleged by [the plaintiff]."
*955Phelps Dodge Corp. v. El Paso Corp. ,
¶ 3 The City filed a motion to dismiss asserting the superior court lacked subject matter jurisdiction because the relocation-assistance statutes do not provide for judicial review.
Implied Right of Action
¶ 4 Burns argues our relocation-assistance statutes, see A.R.S. §§ 11-961 to 11-974, imply a private right of action in favor of displaced persons aggrieved by the amount of relocation-assistance benefits an acquiring agency offers. Whether a statute implies a private right of action is a question of law we review de novo. Gersten v. Sun Pain Mgmt., P.L.L.C. ,
¶ 5 In relevant part, our relocation-assistance statutes require a "displacing agency, as a part of the cost of the project, [to] make a payment to a displaced person ... for ... [a]ctual reasonable expenses in moving himself and his family, business, ... or other personal property." A.R.S. § 11-963(A)(1). Further, the statute provides that a "displaced person aggrieved by ... the amount of a payment, may have his application reviewed by the chief executive officer of the acquiring agency whose decision shall be final." A.R.S. § 11-967.
¶ 6 In determining whether the relocation-assistance statutes provide a private right of action, we begin with the statutory language, which is "the best and most reliable index of its meaning." Arpaio v. Steinle ,
¶ 7 Here, the statute neither expressly confers nor forecloses a private right of action. Accordingly, we must consider not only the statutory language, but also its context, subject matter, effects and consequences, and spirit and purpose. See Chavez ,
¶ 8 With respect to its language, the statute provides for review "by the chief executive officer of the acquiring agency whose decision shall be final." § 11-967. This language *956of finality strongly indicates the legislature intended to limit review to the chief executive officer.
¶ 9 Nevertheless, Burns makes the non-trivial argument that the spirit and purpose of the relocation-assistance statutes support finding an implied right of action. See Chavez ,
¶ 10 And, it is debatable whether a displaced person might find meaningful relief apart from an implied right of action considering that § 11-967 merely provides summary review by the senior-most official in the very organization making the initial determination. See Douglas v. Governing Bd. of Window Rock Consol. Sch. Dist. No. 8 ,
¶ 11 Notwithstanding the less than independent or robust review provided in § 11-967, the legislature is free to establish such a scheme when, as in this circumstance, it creates a wholly new right against itself. See Guibault v. Pima County ,
¶ 12 Given that § 11-967 both provides an administrative review process and suggests that the process is final, we conclude that the legislature contemplated no private right of action in enacting that statute. Accordingly, the trial court did not err by dismissing Burns's complaint for failure to state a claim upon which relief could be granted.
Negligence
¶ 13 Burns also urges that he is entitled to maintain a common-law claim for negligence against the City. However, the trial court did not reach the merits of this issue. Nevertheless, we address whether Burns may maintain an action for negligence under our relocation-assistance statutes because the question is purely one of law. See Liristis v. Am. Family Mut. Ins. Co. ,
¶ 14 Arguing from Arizona's general rule that a plaintiff can pursue common-law damages against governmental entities, see Pritchard v. State ,
¶ 15 Here, the relocation-assistance statutes impose no duty upon any private person, and we decline to extend the statutory language or otherwise restrict sovereign immunity beyond the limits set forth by our legislature and recognized by our supreme court. See § 12-802(2); Pritchard ,
Special-Action Jurisdiction
¶ 16 Finally, Burns argues that if the statutes do not imply a right of action and a petition for special action is his only avenue for relief, we "should require the [trial] court to hear [his] argument for such relief." We review a trial court's decision to decline special-action review for an abuse of discretion. Bilagody v. Thorneycroft ,
¶ 17 When a party does not state facts sufficient to justify special-action relief, the trial court has the discretion to decline jurisdiction. See Coombs v. Maricopa Cty. Spec. Health Care Dist. ,
Disposition
¶ 18 For the foregoing reasons, we affirm.
The City also argued below that the trial court lacked jurisdiction under the Administrative Review Act (ARA) because Burns had not timely appealed thereunder. See A.R.S. § 12-904(A). However, the court correctly determined the ARA did not apply because it specifically excludes municipal corporations. See A.R.S. § 12-901(1) ; Stant v. City of Maricopa Emp.Merit Bd. ,
A few Arizona cases concern claims brought under the relocation-assistance statutes; they do not, however, address whether the statutes imply a private right of action. See, e.g. , Owens v. City of Phoenix ,
Concurring Opinion
¶ 19 I concur in the result and the relevant reasoning that reached it. I write separately only to state that, in my view, it is unnecessary to engage in the private-right-of-action analysis-as the opinion does in paragraphs 7-10 above-when a statute, like this one, expressly confers a right of review. Such an analysis is ill-suited to such a statute. It is akin to engaging in a balancing test where a law creates a bright-line rule: you can do it, but it is unnecessary and may lead to the wrong conclusion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.