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REPUBLIC INV. FUND I v. TOWN OF SURPRISE

Nos. CV-89-0048-PR, CV-89-0172-PR.

166 Ariz. 143 (1990)

800 P.2d 1251

REPUBLIC INVESTMENT FUND I, an Arizona general partnership, Petitioner/Appellee, v. The TOWN OF SURPRISE, a body politic; and Maricopa County, a political subdivision of the State of Arizona, Respondents/Appellants. PETITIONERS FOR DEANNEXATION in re Petition for Deannexation From the City of Goodyear, Petitioners-Appellees, v. CITY OF GOODYEAR, a municipal corporation; Maricopa County, a political subdivision of the State of Arizona; Max McCully, an individual; Wanda Sanders, an individual; and Gail Piggett, an individual, Respondents-Appellants.

Supreme Court of Arizona, En Banc.

July 31, 1990.

Attorney(s) appearing for the Case

Earl, Baird & Williams by Daryl M. Williams, Phoenix, for Republic Inv. Fund I.

Head & McCoy by Robert D. McCoy, Phoenix, for Town of Surprise and Maricopa County.

Shelley & Behea by J. LaMar Shelley, Mesa, for League of Ariz. Cities and Towns.

Snell & Wilmer by Lonnie J. Williams, Jr., Jeffrey Messing, Phoenix, Sidley & Austin, by Rex E. Lee, Joseph R. Guerra, Washington, D.C., for petitioners for Deannexation.

Richard M. Romley, Maricopa County Atty., John W. Paulsen, Maricopa Deputy County Atty., Phoenix, for Maricopa County.

Bill Stephens & Associates by David P. Matheson, Richard A. Alcorn, Phoenix, for City of Goodyear, Max McCully, Wanda Sanders and Gail Piggett.

OPINION

GORDON, Chief Justice.

These two cases, consolidated for our review, raise the issue of the constitutionality of the Arizona deannexation law, former version A.R.S. § 9-471 (Laws 1986 Ch. 45, § 4, as amended by Laws 1986 Ch. 414, § 1). The municipalities involved in both cases claim the statute is unconstitutional as a prohibited special or local law under Ariz. Const. art. 4, pt. 2, § 19(20), which provides:

No local or...

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