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High court to rule on Hopi Tribe's challenge to snowmaking

Posted at 6:43 AM, Nov 29, 2018
and last updated 2018-11-29 10:53:43-05

FLAGSTAFF, Ariz. (AP) - The Arizona Supreme Court is scheduled to rule on the Hopi Tribe's challenge to snowmaking at a northern Arizona ski resort.

The decision is expected mid-morning Thursday.

The high court has been considering whether a lower court created a new category of special harm for public nuisance claims.

The Hopi Tribe sued the city of Flagstaff, arguing the city's sale of wastewater to the Arizona Snowbowl causes a public nuisance. The state appeals court earlier this year said the tribe distinguished its cultural and religious interest from other recreationists in the area.

The appeals court sent the case back to Coconino County Superior Court for a decision on the merits.

But no action was taken because the city and the Snowbowl appealed to the Supreme Court.