MOHAVE DISPOSAL, INC. v. CITY OF KINGMAN

No. CV-95-0407-PR.

186 Ariz. 343 (1996)

922 P.2d 308

MOHAVE DISPOSAL, INC., Appellant, v. CITY OF KINGMAN, an Arizona municipal corporation, Appellee.

Supreme Court of Arizona, En Banc.

August 27, 1996.


Attorney(s) appearing for the Case

Bonn, Luscher, Padden & Wilkins by Paul V. Bonn, John H. Cassidy, Randall D. Wilkins, Phoenix, for Appellant.

Charlotte A. Wells, Kingman City Attorney, Kingman, for Appellee.

Shelley & Bethea by J. LaMar Shelley, Mesa, for Amicus Curiae League of Cities and Towns.

Gammage & Burnham, P.L.C. by Michael B. Withey, Cameron C. Artigue, Phoenix, for Amicus Curiae National Solid Waste Management Association.


OPINION

JONES, Justice.

In this appeal, we review the superior court's dismissal of a complaint filed by Mohave Disposal, Inc., a solid waste transportation and collection company, against the City of Kingman. The complaint alleged, inter alia, that Kingman violated A.R.S. § 9-516(A) by annexing a portion of Mohave Disposal's service area and thereafter imposing garbage collection and disposal fees on residents of the annexed territory in connection...

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