A writ of mandamus may be issued by the supreme or superior court to any person, inferior tribunal, corporation or board, though the governor or other state officer is a member thereof, on the verified complaint of the party beneficially interested, to compel, when there is not a plain, adequate and speedy remedy at law, performance of an act which the law specially imposes as a duty resulting from an office, trust or station, or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled and from which he is unlawfully precluded by such inferior tribunal, corporation, board or person.
Notes of Decisions
Cited in
56
cases (
10 in the last 5 years), 1957–2026 · leading case:
Sears v. Hull, 961 P.2d 1013 (Ariz. 1998).
Sears v. Hull, 961 P.2d 1013 (Ariz. 1998).
· cites it 20× “With respect to the standing argument, the court stated that the Sears had standing under A.R.S. § 12-2021, which permits any "beneficially interested" person to sue for mandamus relief.”
Ponderosa Fire Dist. v. Coconino Cnty., 334 P.3d 1256 (Ariz. Ct. App. 2014).
· cites it 4× “2 ¶ 11 Following the hearing, the court issued a writ of mandamus pursuant to A.R.S. § 12-2021, requiring the County to issue a resolution calling the bonds.”
Robert Schalkenbach Found. v. Lincoln Found., Inc., 91 P.3d 1019 (Ariz. Ct. App. 2004).
· cites it 2× “Appellants Do Not Have Standing to Obtain a Writ of Mandamus. ¶ 48 To have standing to obtain a writ of mandamus, Appellants once again ask us to find that they are “interested parties” to the enforcement of the charitable trust.”
Reeves v. Barlow, 251 P.3d 417 (Ariz. Ct. App. 2011).
· cites it 4× “Instead, they must ultimately persuade the court to conclude, as a matter of law, that the [School District] was required, rather than merely permitted, to employ a definition of “teacher” in structuring participation in the classroom site fund which included them. This court…”
Stagecoach Trails MHC, L.L.C. v. City of Benson, 295 P.3d 943 (Ariz. 2013).
· cites it 3× “60 (1803) (discussing nature of mandamus); A.R.S. § 12-2021 (authorizing writ of mandamus to compel “performance of an act which the law specially imposes as a duty resulting from an office, trust or station”).”
Tucson Cmty. Dev. & Design Ctr., Inc. v. City of Tucson, 641 P.2d 1298 (Ariz. Ct. App. 1981).
· cites it 4× “The descriptive words “beneficially interested” were important since they appear in A.R.S. § 12-2021, 1 the statute which provides for the issuance of a writ of mandamus.”
Blankenbaker v. Marks, 299 P.3d 747 (Ariz. Ct. App. 2013).
· cites it 2× “2007) (citations omitted); see also A.R.S. § 12-2021 (2003). Mandamus is not available unless the public officer is specifically required by law to perform the act.”
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