§ 4.3.5 COURT DISCRETION

• Jurisdiction: Arizona

§ 4.3.5 Court Discretion

Under limited circumstances, the court is authorized to deny or reduce a fee award. The courts have held repeatedly, however, that the reasonableness of the government action is not to be considered in determining whether fees are to be reduced or denied. Cortaro Water Users' Ass'n v. Steiner, 148 Ariz. 314, 317, 714 P.2d 807, 810 (1986); American Cable Television, Inc. v. Arizona Pub. Serv. Co., 143 Ariz. 273, 693 P.2d 928 (App. 1984); see Mountain States Tel. & Tel. Co. v. Arizona Corp. Comm'n, 160 Ariz. 350, 773 P.2d 455 (1989) (unless a statutory exception...