BIG D CONST. v. COURT OF APPEALS

Nos. CV-89-0304-SA, CV-89-0362-PR.

163 Ariz. 560 (1990)

789 P.2d 1061

BIG D CONSTRUCTION CORPORATION, a Utah corporation, Petitioner, v. The COURT OF APPEALS FOR the STATE of ARIZONA, DIVISION ONE, Edward C. Voss, Presiding Judge, Superior Court of the State of Arizona, In and For the County of Maricopa, the Honorable Alfred J. Rogers, a judge thereof, Respondent Judges, City of Tempe, a municipal corporation, Respondents. BIG D CONSTRUCTION CORPORATION, a Utah corporation, Petitioner, v. SUPERIOR COURT OF the STATE of ARIZONA, In and For the COUNTY OF MARICOPA, the Honorable Alfred J. Rogers, a Judge thereof, Respondent Judge, CITY OF TEMPE, a municipal corporation, Weitz Company, Inc., an Iowa corporation, Real Parties in Interest.

Supreme Court of Arizona, En banc.

March 28, 1990.


Attorney(s) appearing for the Case

Jennings, Kepner & Haug by Curtis A. Jennings, Carolyn M. Kaluzniacki and James L. Csontos, Phoenix, for petitioner.

David R. Merkel, City Atty., City of Tempe, Tempe, for respondent City of Tempe.

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

Lewis and Roca by Susan M. Freeman, Michael J. Holden, Robert F. Roos and Edward M. Mansfield, Phoenix, for amicus curiae Weitz Co., Inc., Associated General Contractors of America, Arizona Bldg. Chapter and American Subcontractors Ass'n of Arizona.


OPINION

FELDMAN, Vice Chief Justice.

Big D Construction Corporation (Big D) filed a direct special action petition1 against the Court of Appeals, Division One, the City of Tempe (Tempe), and Weitz Company, Inc. (Weitz), asking this court to consider the constitutionality of Arizona's bid preference statute, A.R.S. § 34-241. We have jurisdiction pursuant to Ariz. Const. art. 6, §§ 5(1) and 5(3) and Rule 8, Ariz.R...

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