HOME BUILDERS ASS'N v. APACHE JUNCTION

No. 2 CA-CV 99-0198.

11 P.3d 1032 (2000)

198 Ariz. 493

HOME BUILDERS ASSOCIATION OF CENTRAL ARIZONA, a non-profit corporation; Beazer Homes Holding Corp., a Delaware corporation; Diamond Key Homes, Inc., an Arizona corporation; Providence Homes, Inc., an Arizona corporation; Courtland Homes, Inc., an Arizona corporation, and as class representatives of all others similarly situated, Plaintiffs/Appellants, v. CITY OF APACHE JUNCTION, a municipal corporation, Defendant/Appellee, Apache Junction Unified School District, Intervenor.

Court of Appeals of Arizona, Division 2, Department A.

October 12, 2000.


Attorney(s) appearing for the Case

Quarles & Brady L.L.P. by Charles W. Herf, Julie A. Pace, and Mireya C. Martin, Phoenix, for Plaintiffs/Appellants.

Law Offices of William E. Farrell by William E. Farrell, Scottsdale, for Defendant/Appellee.

Law Offices of Glenn J. Gimbut by Glenn J. Gimbut, Yuma, for Intervenor.

Miller LaSota & Peters, P.L.C., by Donald M. Peters, and Susan A. Cannata, Phoenix, and John A. Baade, Tucson, for Amici Curiae Arizona School Boards Association, Amphitheater Unified School District No. 10, Cave Creek Unified School District No. 93, Casa Grande Elementary School District, Dysart Unified School District No. 89, Flowing Wells Unified School District No. 8, Gilbert Unified School District No. 41, and Marana Unified School District No. 6.

Law Offices of Neil Vincent Wake, By Neil Vincent Wake and Linda D. Skon, Phoenix, for Amici Curiae Calvis Wyant Homebuilders; Continental Homes; GHE & A, Inc.; Standard Pacific of Arizona, Inc.; Northern Arizona Home Builders; Southern Arizona Home Builders Association; Arizona Chamber of Commerce; Arizona Multihousing Association; Arizona Association of Realtors; and Arizona Tax Research Association.

David R. Merkel, Tempe, for Amicus Curiae, League of Arizona Cities and Towns.


OPINION

BRAMMER, Presiding Judge.

¶ 1 Appellants, Home Builders Association of Central Arizona and several corporate home builders, appeal from the superior court's judgment concluding that the City of Apache Junction (the City) had statutory authority to pass an ordinance that imposes development fees on residential developments for school capital finance purposes. Concluding that no such authority exists, we reverse and remand.

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