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SHAFFER v. ALLT

Nos. 1 CA-CIV 2716, 1 CA-CIV 2777.

25 Ariz. App. 565 (1976)

545 P.2d 76

John SHAFFER, Appellant, v. Thomas ALLT, as Mayor of the City of Yuma, the City Council of the City of Yuma, the City of Yuma, a Municipal Corporation, Appellees. John SHAFFER, Appellant, v. ARIZONA STATE LIQUOR BOARD, and the City of Yuma, a Municipal Corporation, Appellees.

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

Rehearing Denied March 2, 1976.

Review Denied March 30, 1976.

Attorney(s) appearing for the Case

Brandt & Engler, by Don B. Engler, Yuma, for appellant.

Douglas S. Stanley, City Atty., Yuma, for appellees Mayor and City Council of City of Yuma and City of Yuma.

Bruce E. Babbitt, Atty. Gen., by James Michael Low, Asst. Atty. Gen., Phoenix, for appellee Arizona State Liquor Board.

James D. Webb, City Atty., by Enos P. Schaffer, Deputy City Atty., Tucson, amicus curiae.

OPINION

JACOBSON, Presiding Judge.

This appeal presents the question of whether the City of Yuma may engage in the business of selling alcoholic beverages at a city-owned recreation complex.

In December, 1973, the City Council of the City of Yuma adopted Ordinance No. 1344 authorizing the city to purchase an Arizona liquor license.1 Appellant, John Shaffer, a resident taxpayer of Yuma, filed a Special Action against Thomas...

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