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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
v.
COUNSEL
MEMORANDUM DECISION
T H U M M A, Judge:
1On appeal, this court views the evidence in the light most favorable to
upholding the jurys verdict. Powers v. Taser Intl Inc., 217 Ariz. 398, 399 n.1
4 (App. 2007).
2
COMMERCE et al. v. ZINKE et al.
Decision of the Court
3 In early 2008, the Zinkes began negotiating with Gilbert for its
acquisition of some rights of way and, later, some parcels of property,
including approximately 62 acres subject to the Agreement. The Zinkes did
not inform Commerce of these negotiations. Gilberts program manager
testified that the Zinkes asked to delay signing the sale documents because
the Agreement was going to expire. Closing documents for the sale were
not finalized until March 2009, and Gilbert paid the Zinkes $300,000 per
acre for the 62 acres acquired. The Zinkes did not pay CRA or Commerce
any commissions for that sale.
3
COMMERCE et al. v. ZINKE et al.
Decision of the Court
DISCUSSION
2Absent material revisions after the relevant dates, statutes and rules cited
refer to the current version unless otherwise indicated.
4
COMMERCE et al. v. ZINKE et al.
Decision of the Court
3 The Zinkes speculate the jury found 29.223 acres were zoned residential
by taking the verdict of $219,169.48, divided by 2.5 percent to yield a sales
price of $8,766,793.60 that, at the established per acre price of $300,000,
would yield 29.223 acres of residential land. Apart from the fact that this
speculation is not supported by the jurys answering a special
interrogatory, at trial, CRA argued roughly 40 acres were residential and
the Zinkes argued roughly 32.376 acres were residential. Therefore, even
using the Zinkes calculations, the jury found damages more favorable to
the Zinkes than they had argued at trial.
5
COMMERCE et al. v. ZINKE et al.
Decision of the Court
6
COMMERCE et al. v. ZINKE et al.
Decision of the Court
20 Given that absence of proof, and given the case law stating
that interest is simple unless shown or agreed upon to the contrary, the
judgment awarding compound interest was in error, and that portion of the
judgment is vacated and remanded.
7
COMMERCE et al. v. ZINKE et al.
Decision of the Court
8
COMMERCE et al. v. ZINKE et al.
Decision of the Court
9
COMMERCE et al. v. ZINKE et al.
Decision of the Court
CONCLUSION
10