HOME BUILDERS ASS'N OF CENTRAL ARIZ., INC. v. RIDDEL

No. 10986.

109 Ariz. 404 (1973)

510 P.2d 376

HOME BUILDERS ASSOCIATION OF CENTRAL ARIZONA, INC., a nonprofit Arizona corporation, for and on behalf of all members of the Association and all others similarly situated, Continental Homes, Inc., an Ohio corporation, Chamberlain Lumber Company, Inc., an Arizona corporation, Knoell Brothers Construction, Inc., an Arizona corporation, Hallcraft Homes, Inc., an Arizona corporation, Mission Viejo Company, Inc., a California corporation, Douglas P. Patterson Development Co., Inc., an Arizona corporation, and Ellis Suggs Construction Co., an Arizona corporation, Petitioners, v. Marilyn RIDDEL, Judge, Division 19, Superior Court of Maricopa County; CITY OF TEMPE, a municipal corporation, the Council of the City of Tempe, comprised of Dale R. Shumway, Mayor, Joseph Dwight, Arthur L. Livingston, William J. Lopiano, Perry E. Mitchell, Dorothy C. Nelson, Richard G. Neuheisel, Councilmembers, David R. Scott, Director of Building Inspection, real parties in interest, Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied July 3, 1973.


Attorney(s) appearing for the Case

Carmichael, McClue & Stephens, P.C. by L. James Martin, Phoenix, for petitioners.

David R. Merkel, Tempe City Atty., Tempe, for respondents.


STRUCKMEYER, Justice.

This Special Action was brought to review a summary judgment of the Superior Court of Maricopa County determining that the City of Tempe was constitutionally exercising its municipal taxing power. Other municipalities are interested in enacting a similar tax and, it appearing that the matter was of statewide concern and that this writ would be a more speedy and adequate remedy, we accepted jurisdiction. Ariz.Const., Art. 6, § 5, subsec....

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