Dombey v. Phoenix Newspapers, Inc

In Dombey v. Phoenix Newspapers, Inc. (Ariz. 1986) 724 P.2d 562 150 Ariz. 476, the issue as to whether the plaintiff in a defamation lawsuit was a public figure was raised sua sponte by the Arizona Supreme Court. (Dombey v. Phoenix Newspapers, Inc., supra, 724 P.2d at p. 568.) The Arizona Supreme Court concluded the issue had not been waived because it was of statewide importance and involved free speech issues of constitutional dimension. (Id. at pp. 567-569.) However, in its conclusion, Dombey stated that issues not properly raised by the parties would not be considered if they "have been intentionally and clearly waived by the parties." (Id. at p. 569.)