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CITY OF PRESCOTT v. TOWN OF CHINO VALLEY

No. CV-90-0075-PR.

166 Ariz. 480 (1990)

803 P.2d 891

CITY OF PRESCOTT, a municipal corporation, Plaintiff, Counterdefendant, Appellee, Cross-Appellant, v. TOWN OF CHINO VALLEY, a municipal corporation, Defendant, Counterclaimant, Appellant, Cross-Appellee.

Supreme Court of Arizona, En Banc.

December 18, 1990.

Attorney(s) appearing for the Case

Lewis and Roca by Tom Galbraith, Susan M. Freeman, Patrick Derdenger, Gale L. Garriott and Janet Napolitano, Phoenix, for City of Prescott, plaintiff, counterdefendant, appellee and cross-appellant.

Stan A. Lehman, Prescott, Paul G. Ulrich, P.C. by Paul G. Ulrich, Phoenix, and Ajalat & Polley, P.C. by Charles R. Ajalat, Los Angeles, Cal., for Town of Chino Valley, defendant, counterclaimant, appellant and cross-appellee.

Brown & Bain by David J. Bodney, Daniel C. Barr and Michael W. Patten, Phoenix, for First Amendment Coalition of Arizona, amicus curiae.

Roderick G. McDougall, Phoenix City Atty., Larry F. Felix, Asst. Phoenix City Atty., Phoenix, and David R. Merkel, Tempe City Atty., Tempe, for City of Tempe and City of Phoenix, amici curiae.

Bryan, Cave, McPheeters & McRoberts by Kathleen Ferris, Phoenix, for Arizona Mun. Water Users Ass'n, amicus curiae.

OPINION

GORDON, Chief Justice.

The City of Prescott (Prescott) petitioned for review of the court of appeals' decision upholding the validity of a transaction privilege tax imposed by the Town of Chino Valley (Chino Valley) on Prescott's operation of a water pipeline. We denied review on all issues raised in Prescott's petition for review.

Chino Valley filed a cross-petition for review raising several issues. We granted review on one of Chino Valley...

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