MARSONER v. PIMA COUNTY

No. 2 CA-CV 89-0131.

166 Ariz. 195 (1990)

801 P.2d 430

Reinhold MARSONER, dba Les Girls; Joseph Hilt, dba I-10 Adult Books; Betty Osco, dba Empress Theater; Daniel Osco, dba The Livingroom Lounge; Daniel Osco, dba Empress II; David Lindsey, dba The Party House; Raymond Mellenberndt, Jr., dba Pleasure World; Mark D. Holguin, dba The Bookstore Southwest; Leonard T. Sojka, dba ABC Stores; Speedway Entertainment, Inc., an Arizona corporation; Albright Investment Corporation, an Arizona corporation; Miracle Mile Movies, Inc., an Arizona corporation; Wal Limited, Inc., an Arizona corporation; and Adult Expectation, Inc., an Arizona corporation, Plaintiffs/Appellees, v. PIMA COUNTY, a body politic, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Review Granted November 6, 1990.


Attorney(s) appearing for the Case

Michael J. Bloom, Tucson, for plaintiffs, appellees.

Stephen D. Neely, Pima County Atty. by Charles R. Pyle and Martin Willett, Tucson, for defendant, appellant.


FERNANDEZ, Chief Judge.

The only issue involved in this case is whether appellant Pima County, acting through the board of supervisors, has authority under Arizona law to enact an ordinance requiring the licensing of adult amusement establishments. We agree with the trial court's ruling that the board lacks such authority.

The issue presented is a question of law and is thus subject to de novo review by this court. City of Scottsdale v. Thomas,

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