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TUCSON ELEC. POWER CO. v. APACHE COUNTY

No. 1 CA-TX 93-0015.

185 Ariz. 5 (1995)

912 P.2d 9

TUCSON ELECTRIC POWER COMPANY, an Arizona corporation, Plaintiff-Appellant, v. APACHE COUNTY, Cochise County, Coconino County, Graham County, Greenlee County, Maricopa County, Navajo County, Pima County, Pinal County, Santa Cruz County and Yavapai County, political subdivisions of the State of Arizona; the Arizona Department of Revenue, an agency of the State of Arizona; and the Treasurer of the State of Arizona, acting in his official capacity, Defendants-Appellees. ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation; Salt River Project Agricultural Improvement and Power District, a political subdivision of the State of Arizona; El Paso Electric Company, a Texas corporation; the Department of Water and Power of the City of Los Angeles, a California municipal corporation; Public Service Company of New Mexico, a New Mexico corporation; Southern California Edison Company, a California corporation; Southern California Public Power Authority, a California joint powers agency; Arizona Electrical Power Cooperative, Inc., an electric generation and transmission cooperative, Plaintiffs-Appellants, v. APACHE COUNTY, Cochise County, Maricopa County, Navajo County and Pinal County, political subdivisions of the State of Arizona; the Arizona Department of Revenue, an agency of the State of Arizona; and the Treasurer of the State of Arizona, acting in his official capacity, Defendants-Appellees.

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

Reconsideration Denied January 31, 1996.

Attorney(s) appearing for the Case

Fennemore Craig, P.C. by Timothy Berg, Paul J. Mooney, Kendis K. Muscheid, Phoenix, for Plaintiff-Appellant Tucson Electric Power Company.

Grant Woods, Attorney General by Michael F. Kempner, Gale L. Garriott, Tracy S. Essig, Assistant Attorneys General, Phoenix, for All Defendants-Appellees except Cochise County.

Alan K. Polley, Cochise County Attorney by John A. MacKinnon, Deputy County Attorney, Bisbee, for Defendant-Appellee Cochise County.

Gallagher & Kennedy, P.A. by Dean C. Short, II, Michael K. Kennedy, Helene S. Fenlon, Phoenix, for Plaintiff-Appellant Arizona Public Service Company et al.

Brown & Bain, P.A. by Stephen E. Lee, Edward P. Ballinger, Jr., Phoenix, for Plaintiff-Appellant El Paso Electric Company.

OPINION

CONTRERAS, Presiding Judge.

In these consolidated actions, nine companies that own property in Arizona used for generating electricity ("the taxpayers") appeal from a judgment sustaining the constitutionality of the levy school finance imposed by Ariz. Rev. Stat. Ann. ("A.R.S.") section 15-992(B) (as amended by 1990 Ariz. Sess. Laws, 3d Sp.Sess., ch. 3, § 4). The taxpayers further contest the retroactivity of both this amendment,...

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