12-1139. Property right claims; malicious delay; expedited review; definition

A. A plaintiff that files a complaint in superior court that asserts a malicious delay claim pursuant to sections 9-500.54 or 11-269.31 for a single-family residential application is entitled to expedited judicial review of the claim.

B. Within ten calendar days after the service of the complaint, the court shall set an initial case management conference with the parties to establish an expedited schedule for discovery, briefing and hearings.

C. Unless otherwise ordered for good cause, all fact discovery in the action shall be completed as expeditiously as possible after the initial case conference.

D. The court shall consider and rule on all motions for summary judgment or other dispositive motions as soon as practicable.

E. The court shall set a trial or final hearing date as soon as practicable after the case management conference, absent a finding of good cause.

F. An appeal to the court of appeals from a superior court judgment in an action described in subsection A of this section is entitled to a scheduling preference on the appellate docket, and the court of appeals shall expedite briefing schedules and oral argument consistent with the interests of justice unless the court finds for good cause that expedited review is not feasible.

G. A party may petition for special action relief in the court of appeals or supreme court and such actions shall receive expedited processing.

H. For the purposes of this section:

1. "Application" means any of the following for single-family residential development:

(a) A site plan.

(b) A development plan.

(c) A land division.

(d) A lot line adjustment.

(e) A lot tie.

(f) A preliminary or final plat.

(g) A plat amendment.

(h) A building permit.