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CITY OF TEMPE v. PILOT PROPERTIES, INC.

Nos. 1 CA-CIV 2126, 1 CA-CIV 2478.

22 Ariz. App. 356 (1974)

527 P.2d 515

CITY OF TEMPE, a municipal corporation, Appellant, v. PILOT PROPERTIES, INC., and Baseball Facilities, Inc., Appellees. CITY OF TEMPE, a municipal corporation, Appellant, v. FIRST NATIONAL BANK OF ARIZONA, a National Banking Association, Appellee. BASEBALL FACILITIES, INC., an Arizona corporation, and Pilot Properties, Inc., an Arizona corporation, Appellants, v. CITY OF TEMPE, a municipal corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied November 27, 1974.

Review Denied January 14, 1975.

Attorney(s) appearing for the Case

David R. Merkel, Tempe, and Snell & Wilmer by Mark Wilmer, Phoenix, for City of Tempe.

Streich, Lang, Weeks, Cardon & French by Dan M. Durrant, and Jennings, Strouss & Salmon by Thomas J. Trimble, Phoenix, for First National Bank.

Leven B. Ferrin, Donald W. Harris, and Hughes & Hughes, P.C. by John C. Hughes, Phoenix, for Baseball Facilities, Inc. and Pilot Properties, Inc.

JACOBSON, Chief Judge, Division 1.

The main issue on this appeal is whether a lease of certain real property belonging to the City of Tempe upon which a major league baseball spring training facility was constructed violates Article 9, § 7 of the Arizona Constitution, A.R.S., prohibiting a city from "subsidizing" a private corporation.

This action was originated by the Milwaukee Brewers' Baseball Club (Milwaukee Brewers) for declaratory and injunctive...

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