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HANANIA v. CITY OF TUCSON

No. 2 CA-CIV 3127.

123 Ariz. 37 (1979)

597 P.2d 190

Sharon HANANIA, a single woman, for herself, and on behalf of all others similarly situated, Plaintiff/Appellee, v. The CITY OF TUCSON, Arizona, a municipal corporation, the Police Department of the City of Tucson, Arizona, Dorothy O'Neill, in her capacity as Custodian of Records, Police Department of the City of Tucson, Arizona, and James Kay, Jr., in his capacity as Director of Finance for the City of Tucson, Arizona, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied May 30, 1979.

Review Denied July 10, 1979.

Attorney(s) appearing for the Case

O'Dowd & Burke by Bruce A. Burke, Tucson, for plaintiff-appellee.

Frederick S. Dean, Tucson City Atty. by Wm. E. Hildebrandt, Asst. City Atty., Tucson, for defendants-appellants.

OPINION

HOWARD, Judge.

This is an appeal from an order of the trial court authorizing the maintenance of a class action under Rule 23, 16 A.R.C.P. The court also granted appellee's motion for summary judgment, in her individual capacity, on the issue of liability.1

The appellee, Hanania, sued the City of Tucson claiming that a fee of $1.00 per page charged by the Tucson Police Department for accident reports was excessive...

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