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WINTER v. COOR

Nos. 17332, 17474.

144 Ariz. 56 (1985)

695 P.2d 1094

John E. WINTER, Plaintiff-Appellee, v. Chauncey B. COOR, both individually and as Mayor of the Town of Goodyear; Carl K. Gow, both individually and as Vice Mayor of the Town of Goodyear; John N. Maxwell; Ilo E. Gregory; Elaine D. Nesvig and Barbara W. LaPrade, both individually and as members of the Goodyear Common Council; and the Town of Goodyear, an incorporated town, Defendants-Appellants. Sam RUA, Plaintiff-Appellant, v. Marylou Chavez ACOSTA, both individually and as Mayor of the Town of Superior; Joe Luevano; Virginia Mitchell; Robert Ewing; Emilio Ulibarri; Mike Urquijo; and Christine Valenzuela, both individually and as members of the Superior Town Council; and the Town of Superior, an incorporated town, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

Reconsideration Denied March 19, 1985.

Attorney(s) appearing for the Case

Lewis & Roca by Paul G. Ulrich, Phoenix, for plaintiff-appellee John E. Winter and plaintiff-appellant Sam Rua.

Burns & Burns by F. Britton Burns, J. Scott Burns, Phoenix, for defendants-appellants Chauncey B. Coor, et al.

Johnson & Shelley by J. LaMar Shelley, Mesa, for amicus curiae League of Arizona Cities & Towns.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Scott A. Salmon, Larry L. Smith, Richard J. Woods, Phoenix, for defendants/appellees Marylou Chavez Acosta, et al.

HOLOHAN, Chief Justice.

These two cases raise the same issues concerning the constitutionality of town codes which allow their councils to remove town magistrates from office at will. Because these issues affect many cities and towns in this state which have similar town code provisions, the appeals were transferred to this court pursuant to Rule 19, Rules of Civil Appellate Procedure.

In No. 17332, appellee John Winter was appointed Town Magistrate for the...

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