CAREFREE IMP. ASS'N v. CITY OF SCOTTSDALE

No. 1 CA-CIV 5902.

133 Ariz. 106 (1982)

649 P.2d 985

CAREFREE IMPROVEMENT ASSOCIATION, an Arizona corporation; Clifford N. Parsells; Edward Rowley; Rawhide Capital Co., an Arizona limited partnership; the Boulders Carefree Corp., an Arizona corporation; Scottsdale-Carefree Properties, an Arizona general partnership; Daniel J. Donahoe, III, trustee of the Helen Clark Donahoe Irrevocable Trusts; Desert Ranch, Inc., an Arizona corporation; Lyle Anderson Corp., an Arizona corporation, Plaintiffs-Appellees Cross-Appellants, v. CITY OF SCOTTSDALE, a municipal corporation; Herbert Drinkwater; James Bruner; Diane Cusack; Billie Gentry; Dr. Heinz Hink; Jeff Schubert and Charlie Smith, in their capacity as elected Mayor and members of the Council of the City of Scottsdale, and not individually, Defendants-Appellants Cross-Appellees.

Court of Appeals of Arizona, Division 1.

Rehearing Denied March 4, 1982.

Review Denied July 16, 1982.


Attorney(s) appearing for the Case

Campana & Horne, P.C. by Thomas C. Horne, Martha B. Kaplan, Phoenix, for defendants-appellants cross-appellees City of Scottsdale, Mayor and members of City Council.

Streich, Lang, Weeks & Cardon, P.A. by William S. Hawgood, II, Michael P. West, Phoenix, for plaintiff-appellee cross-appellant Rawhide Capital Co.

Jennings, Strouss & Salmon by Jay C. Stuckey, Jr., Neil Vincent Wake, Phoenix, for plaintiffs-appellees cross-appellants Boulders Carefree Corp., Scottsdale-Carefree Properties, Donahoe, Desert Ranch, Inc., and Lyle Anderson Corp.

Thur & Preston by Richard R. Zielinski, Scottsdale, for plaintiffs-appellees cross-appellants Carefree Imp. Ass'n, Parsells and Rowley.


OPINION

CORCORAN, Judge.

The appellees commenced this litigation to invalidate an annexation ordinance passed by the appellant City of Scottsdale (Scottsdale). Appellees moved for summary judgment on the ground that Scottsdale had failed to comply with the notice provisions of Arizona's open meeting law, A.R.S. §§ 38-431.01 to .09. The trial court granted summary judgment. We affirm its decision.

Although the action taken by the city council...

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