BASSETT v. CITY OF TUCSON

No. 2 CA-CIV 4656.

137 Ariz. 199 (1983)

669 P.2d 976

Perry BASSETT and Trudy Bassett, husband and wife; Clifford L. Hayden and Joanne Hayden, husband and wife; Thomas Ray, Jr., and Marlene Ray, husband and wife; Michael Treadwell and Ann Treadwell, husband and wife; Raymond Schneider and Karen Schneider, husband and wife; Bassett, Hayden and Ray, Inc., an Arizona corporation; and Bassett, Hayden, Ray 4 Associates, an Arizona Limited Partnership, Plaintiffs/Appellees, v. The CITY OF TUCSON, a municipal corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 1, 1983.

Review Denied September 15, 1983.


Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Donald J. Oppenheim, Tucson, for plaintiffs/appellees.

Frederick S. Dean, City Atty. by Michael G. Wood, Tucson, for defendant/appellant.


OPINION

HATHAWAY, Judge.

The question raised on this appeal is whether appellees, who undertook improvement of their property by hiring private contractors and sold the property within 24 months of completion, are speculative builders under the City of Tucson Business Privilege Tax Ordinance, §§ 19-39.1(2), (3), (6), and (7), and therefore subject to the city's two percent business privilege tax under the contracting classification. We hold that...

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