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HOME BUILDERS ASS'N v. CITY OF SCOTTSDALE

No. 1 CA-CIV 3404.

116 Ariz. 340 (1977)

569 P.2d 282

HOME BUILDERS ASSOCIATION OF CENTRAL ARIZONA, INC., a Non-Profit Arizona Corporation, for and on behalf of all members similarly situated, and Hallcraft Homes, Inc., an Arizona Corporation, Appellants, v. CITY OF SCOTTSDALE, a Municipal Corporation, the City Council of the City of Scottsdale, comprised of B.L. Tims, Mayor, Billie Gentry, William Jenkins, Richard Campana, Dr. Heinz Hink, Herbert Drinkwater, and Douglas Hood, Director of Building Inspection, Appellees.

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

Rehearing Denied August 30, 1977.

Review Denied September 27, 1977.

Attorney(s) appearing for the Case

Carmichael, McClue, Stephens, Mason & Toles, P.C. by James J. Syme, Jr., Phoenix, for appellants.

Richard R. Filler, Scottsdale City Atty., Scottsdale, for appellees.

OPINION

WREN, Judge.

This appeal challenges the constitutionality of a Scottsdale ordinance which levied upon all developers a water development charge in the minimum amount of $400 per dwelling unit on all units for which building permits were obtained after the effective date of the ordinance. Appellants complain that the ordinance is unconstitutional on its face in that it violates principles of equal protection...

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