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MYRTLE MANOR APTS. v. CITY OF PHOENIX

No. 1 CA-TX 91-0040.

177 Ariz. 465 (1994)

868 P.2d 1048

MYRTLE MANOR APARTMENTS, an Arizona limited partnership, and Morningside Villa Apartments, an Arizona limited partnership, Plaintiffs, Counter-defendants-Appellants, Cross Appellees, v. CITY OF PHOENIX, a municipal corporation, Defendant, Counterclaimant-Appellee, Cross Appellant.

Court of Appeals of Arizona, Division 1, Department T.

As Amended February 18, 1994.

Attorney(s) appearing for the Case

Newman, Ahern, Chambliss & Banen by Kevin T. Ahern and Copple, Chamberlin & Boehm, P.C. by Scott E. Boehm, Phoenix, for plaintiffs, counterdefendants-appellants, cross appellees.

Roderick G. McDougall, Phoenix City Atty. by James H. Hays, Asst. City Atty., Phoenix, for defendant, counterclaimant-appellee, cross appellant.

OPINION

GARBARINO, Judge.

Taxpayers Myrtle Manor Apartments and Morningside Villa Apartments appeal from a judgment in favor of the City of Phoenix on refund claims for Phoenix privilege taxes assessed on sums the taxpayers received under housing assistance payment (HAP) contracts funded by the United States Department of Housing and Urban Development (HUD). The City cross-appeals from the tax court's holding that the value of the taxpayers' on-site managers...

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