Amparano v. ASARCO, Inc
In Amparano v. ASARCO, Inc., 208 Ariz. 370, 375, P 14, 93 P.3d 1086, 1091 (App. 2004), the complaint alleged:
private and public nuisance;
negligence and negligence per se;
right to medical monitoring;
fraud and misrepresentation;
intentional infliction of emotional distress;
negligent infliction of emotional distress. Amparano, 208 Ariz. at 373, P 5, 93 P.3d at 1089.
The Court determined that both subsections 10 and 12 applied to that case, where the complaint alleged eight claims "clearly based in tort" and also sought damages for alleged contamination of real property, remediation and monitoring of the property, and injunctive relief against future injuries to the real property. 208 Ariz. at 373, PP 5-8, 93 P.3d at 1089.
The Court held that the mandatory real property exception, subsection 12, should take precedence over the permissive trespass exception, subsection 10. Id. at 374, P 12, 93 P.3d at 1090.