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SALT RIVER PROJECT, ETC. v. CITY OF PHOENIX

No. 1 CA-CIV 4360.

129 Ariz. 398 (1981)

631 P.2d 553

SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, Plaintiff-Appellee, v. CITY OF PHOENIX, a municipal corporation, Defendant-Appellant.

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

Rehearing Denied June 17, 1981.

Review Denied July 7, 1981.

Attorney(s) appearing for the Case

Burch & Cracchiolo, P.A., by Daniel Cracchiolo, Stephen E. Silver, Phoenix, for plaintiff-appellee.

Andrew Baumert, III, City Atty., by Philip M. Haggerty, Asst. City Atty., Phoenix, for defendant-appellant.

OPINION

EUBANK, Judge.

The main issue to be determined on this appeal is whether the City of Phoenix (City) may impose its privilege license tax (excise) on the sale of electricity by the Salt River Project Agricultural Improvement and Power District (Salt River Project or Project) to the Roosevelt Irrigation District (Roosevelt District). We hold that it may not, and affirm the judgment of the trial court.

The facts are not in dispute. Salt River...

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