VALENCIA v. COTA

No. 1 CA-CIV 4530.

126 Ariz. 555 (1980)

617 P.2d 63

Frank VALENCIA and Jimmy Molina, duly elected Town Councilmembers for the Town of Guadalupe, Arizona, a Municipal Corporation, Plaintiffs-Appellants, v. Frank COTA, Gabriel Alvarez, Frances Amaro, Felix Cons and Pat Villa, duly elected Town Councilmembers for the Town of Guadalupe, Arizona, a Municipal Corporation, Defendants-Appellees.

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

September 9, 1980.


Attorney(s) appearing for the Case

Ronald Wiltbank, P.C. by Brent E. Corwin, Mesa, for plaintiffs-appellants.

Levine & Jarvi by Jerry Levine, Scottsdale, for defendants-appellees.


OPINION

JACOBSON, Judge.

The issue presented by this appeal from the granting of the defendants-appellees' motion to dismiss for failure to state a claim is whether the action of the majority of the members of the Town Council of Guadalupe in firing the town manager was in violation of the open meeting laws of Arizona, A.R.S. § 38-431 et seq.

Since this matter was disposed of in the trial court upon a motion to dismiss, those facts that...

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