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CITY OF TUCSON v. WOODS

No. 1 CA-CV 97-0503.

959 P.2d 394 (1998)

191 Ariz. 523

CITY OF TUCSON, a municipal corporation, Plaintiff-Appellant, Cross Appellee, v. Grant WOODS, the Attorney General, substituted for the State of Arizona; Pima County, a political subdivision of the State of Arizona; Mike Boyd, Sharon Bronson, Raymond Carroll, Dan Eckstrom and Raul Grijalva, in their official capacity as members of the Pima County Board of Supervisors; Committee to Incorporate, Inc., an Arizona non-profit corporation; and the Committee to Incorporate the Town of Tortolita, Defendants-Appellees, Cross Appellants.

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

Review Denied July 17, 1998.

Attorney(s) appearing for the Case

Thomas J. Berning, Tucson City Attorney by Dennis P. McLaughlin, Senior Assistant City Attorney, Tucson, and Ulrich Kessler & Anger, P.C. by Paul G. Ulrich, Phoenix, for Plaintiff-Appellant, Cross Appellee.

Grant Woods, Attorney General by Eva K. Bacal, Assistant Attorney General, Tucson, for Defendant-Appellee Cross Appellant Grant Woods, Attorney General.

Anthony B. Ching, Phoenix, for Defendants-Appellees, Cross Appellants Pima County and Members of its Board of Supervisors.

Risner & Graham by William J. Risner, Tucson, for Defendant-Appellee, Cross Appellant Committee to Incorporate the Town of Tortolita.

Karp, Heurlin & Weiss, P.C. by Gregory E. Good, Tucson, for Defendant-Appellee, Cross Appellant Committee to Incorporate, Inc.

Snell & Wilmer, LLP by William N. Poorten III and Regina L. Nassen, Tucson, for Amicus Curiae Tucson Airport Authority, Inc.

OPINION

KLEINSCHMIDT, Judge.

This is an appeal from an order of the Superior Court upholding a statute which allows certain communities in Pima County near the City of Tucson to incorporate as towns without the City's consent. We reverse because we find that the statute is a special or local law that violates Article 4, Part 2, Section 19 of the Arizona Constitution.1

Under Arizona Revised Statutes Annotated (A.R.S.)...

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