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TOWN OF GILBERT v. MARICOPA COUNTY

Nos. 1 CA-CV 06-0309.

141 P.3d 416 (2006)

The TOWN OF GILBERT, a municipal corporation; Howard Dendurent, Linda Abbott, Susan Brechbill, residents of the Town of Gilbert, Plaintiffs/Appellees, v. MARICOPA COUNTY, a political subdivision of the State of Arizona; Donna Davis, Marci Sale, Tony Hyland, as members of Islands Against Annexation and representing the interest of others similarly situated, Defendants/Appellants.

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

August 15, 2006.

Attorney(s) appearing for the Case

Perkins Coie Brown & Bain, P.A. By Paul F. Eckstein, Jessica L. Everett-Garcia, Lauren J. Lowe, Phoenix, Attorneys for Plaintiffs/Appellees.

Andrew P. Thomas, Maricopa County Attorney By Bruce P. White, Deputy County Attorney, Kevin S. Costello, Deputy County Attorney, Phoenix, Meagher & Geer, P.L.L.P. By Gary L. Lassen, Thomas H. Crouch, Aaron S. Peterson, Scottsdale, Ryan Rapp & Underwood, P.L.C. By Ian A. Macpherson, Phoenix, Attorneys for Appellant Maricopa County.

Shughart Thomson & Kilroy, P.C. By Thomas K. Irvine, Phoenix, Attorneys for Appellants Davis, Sale and Hyland.

League of Arizona Cities and Towns By David R. Merkel, General Counsel, Tempe, Attorney for Amici Curiae.

OPINION

PORTLEY, Judge.

¶ 1 Maricopa County, Donna Davis, Marci Sale, and Tony Hyland (collectively "Appellants") appeal the trial court's finding that House Bill 2145 ("HB 2145" or "the legislation") is unconstitutional. They request that we reverse the trial court's decision and declare the legislation constitutionally valid. For the following reasons, we affirm the trial court.

FACTS AND PROCEDURAL HISTORY

¶ 2 The underlying...

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