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CITY OF PHOENIX v. PHOENIX CIVIC AUD. & CONV. CTR.

No. 8394.

100 Ariz. 101 (1966)

412 P.2d 43

CITY OF PHOENIX, a municipal corporation, Appellant, v. PHOENIX CIVIC AUDITORIUM & CONVENTION CENTER ASSOCIATION, Inc., an Arizona Corporation, Appellee.

Supreme Court of Arizona. En Banc.

March 3, 1966.

Attorney(s) appearing for the Case

Merle L. Hanson, City Atty., Phoenix, by Robert J. Backstein, Asst. City Atty., Joseph A. Matter, Chapman & Cutler, Chicago, Ill., of counsel, for appellant.

Snell & Wilmer, by Burr Sutter, Phoenix, Ariz., for appellee.

Calvin Webster, City Atty., Tucson, by Harrison G. Dickey III, Asst. City Atty., for amicus curiae City of Tucson.

Kramer, Roche, Burch & Streich by Frank Haze Burch, and Richard R. Filler, Phoenix, for amicus curiae Hotel-Motel Industry.

McFARLAND, Justice.

The parties to this litigation request that we clarify our opinion in regard to these points involved in our decision:

1. If the lease is amended to provide that the proceeds of ad valorem taxes cannot be required to be subjected to the payment of any rent due thereunder, will the lease as so amended nevertheless be in violation of the Arizona Constitution or the Arizona budget laws?

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