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CITY OF TEMPE v. BASEBALL FACILITIES, INC.

No. 1 CA-CIV 2544.

23 Ariz. App. 557 (1975)

534 P.2d 1056

CITY OF TEMPE, a municipality, and John G. Holyoke, License Administrator, City of Tempe, Appellants, v. BASEBALL FACILITIES, INC., Appellee.

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

Rehearing Denied July 29, 1975.

Attorney(s) appearing for the Case

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

Hughes & Hughes, P.C. by John C. Hughes, and Leven B. Ferrin, Phoenix, for appellee.

OPINION

JACOBSON, Presiding Judge.

The question dispositive of this case on appeal is whether the trial court was correct in finding that the City of Tempe acted arbitrarily and capriciously in its denial of the privilege tax permits requested by Baseball Facilities, Inc.

The facts in this case are not in serious dispute. In March of 1973, the appellee, Baseball Facilities Inc. (BFI), made applications to the City of Tempe for privilege (sales) tax...

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