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ARIZONA LOTUS CORP. v. CITY OF PHOENIX

No. 1 CA-CIV 5494.

136 Ariz. 22 (1983)

663 P.2d 1013

ARIZONA LOTUS CORP.; Arizona Television Company; B & D Broadcasting, Inc.; Grand Canyon Broadcasters, Inc.; ITC Communications of Arizona, Inc.; KASA, Inc.; KOOL-Radio Television, Inc.; KTAR Broadcasting Company and KXIV, Inc., Arizona corporations, and Doubleday Broadcasting Company, Inc.; Eller Outdoor Advertising Co. of Arizona; Harte-Hanks Southern Communications, Incorporated; KIFN Radio, Inc.; Meredith Corporation; Harold S. Schwartz and Associates, Inc.; and Southern Broadcasting Company, foreign corporations, Plaintiffs-Appellants, Cross Appellees, v. CITY OF PHOENIX, a municipal corporation of the State of Arizona, Defendant-Appellee, Cross Appellant.

Court of Appeals of Arizona, Division One, Department D.

Rehearing Denied May 4, 1983.

Attorney(s) appearing for the Case

City of Phoenix by Andy Baumert, City Atty. and Philip M. Haggerty, Asst. City Atty., Phoenix, for defendant-appellee, cross appellant.

Snell & Wilmer by Edward Jacobson, and Richard K. Mahrle, Phoenix, for plaintiffs-appellants, cross appellees.

OPINION

HAIRE, Presiding Judge.

Appellants, a group of Phoenix broadcasters and a billboard company, challenge in several respects the legality of taxes assessed by the City of Phoenix (City) pursuant to its privilege tax on advertising. The issues involved in this appeal include:

(1) whether the City properly taxed revenues generated by national advertising from November 1, 1977 through December 19, 1978; (2) whether the City properly taxed...

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