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TANQUE VERDE ENTERPRISES v. CITY OF TUCSON

No. 17489-PR.

142 Ariz. 536 (1984)

691 P.2d 302

TANQUE VERDE ENTERPRISES, an Arizona corporation, dba Tanque Verde Swap Meet, Plaintiff/Appellee/Cross Appellant, v. The CITY OF TUCSON; Lewis Murphy, Mayor; Tucson City Council, and Jim Kay, Finance Director, Defendants/Appellants/Cross Appellees.

Supreme Court of Arizona, In Banc.

November 1, 1984.

Attorney(s) appearing for the Case

Richard B. Arrotta, Tucson, for plaintiff/appellee/cross appellant.

Frederick S. Dean, Tucson City Atty. by Michael G. Wood, Asst. City Atty., Tucson, for defendants/appellants/cross appellees.

GORDON, Vice Chief Justice:

In 1975, Tanque Verde Enterprises (Tanque Verde) began operation of a swap meet on Tanque Verde Road, then just outside Tucson, Arizona. Tanque Verde rents spaces to vendors from which they display and sell their wares.

On April 7, 1981, the City of Tucson (the City) annexed the land upon which the Swap Meet sits, thus subjecting Tanque Verde to § 19-28(149) of the Tucson Code. This Code section required Tanque Verde to pay...

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