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NORTHWEST FIRE DIST. v. U.S. HOME

No. 2 CA-CV 2006-0061.

143 P.3d 1030 (2006)

NORTHWEST FIRE DISTRICT, an Arizona fire district, Plaintiff/Appellant, v. U.S. HOME OF ARIZONA CONSTRUCTION COMPANY, an Arizona corporation; and U.S. Home Corporation, a Delaware corporation, Defendants/Appellees.

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

September 29, 2006.

Attorney(s) appearing for the Case

Benavidez Law Group, P.C., by Thomas A. Benavidez and Christopher B. Wencker, Tucson, Attorneys for Plaintiff/Appellant.

Gallagher & Kennedy, P.A., by Jeffrey D. Gross, Phoenix, Attorneys for Defendants/Appellees.

Bancroft Susa & Galloway, by James M. Susa and Michael G. Galloway, Tucson, Attorneys for Amicus Curiae Arizona Tax Research Association.

Leonard Felker Altfeld Battaile & Goldman, P.L.C., by Donna M. Aversa, Tucson, Attorneys for Amici Curiae, Apache Junction Fire District, Drexel Heights Fire District, Golder Ranch Fire District, Green Valley Fire District, Sun City Fire District, Sun City West Fire District, and Central Yavapai Fire District.

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 The governing board of plaintiff/appellant Northwest Fire District adopted a resolution to impose a "facilities benefit assessment" on homes not yet constructed but for which a landowner has obtained a building permit. Contending the District had no authority to do so, U.S. Home of Arizona Construction Company and U.S. Home Corporation (collectively, US Home) refused to pay the assessments on homes they...

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