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KORWIN v. COTTON

No. 1 CA-CV 12-0878.

323 P.3d 1200 (2014)

Alan KORWIN and Trainmeaz, LLC, Plaintiffs/Appellants, v. Debbie COTTON and City of Phoenix, Arizona, a municipal corporation and political subdivision of the State of Arizona, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

May 8, 2014.

Attorney(s) appearing for the Case

Goldwater Institute, Scharf-Norton Center for Constitutional Litigation By Clint Bolick , Christina Sandefur , Phoenix, Counsel for Plaintiffs/Appellants.

Udall Shumway PLC By Bradley D. Gardner , David R. Schwartz , Mesa, Counsel for Defendants/Appellees.

ACLU Foundation of Arizona By Daniel Joseph Pochoda , Kelly J. Flood , Phoenix, Co-Counsel for Amicus Curiae ACLU Foundation of Arizona.

Quarles & Brady LLP By Isaac M. Gabriel , Sarah R. Anchors , Krystal Aspey Fleischmann , Benjamin C. Nielsen , Phoenix, Co-Counsel for Amicus Curiae ACLU Foundation of Arizona.

OPINION

JONES, Judge.

¶ 1 Alan Korwin and TrainMeAZ, L.L.C., an Arizona company Korwin owns and manages (collectively, "Appellant"), appeal the superior' court's grant of summary judgment in favor of the City of Phoenix and Debbie Cotton, the City's Public Transit Director (collectively, "City"), upholding the constitutionality of city regulations pertaining to advertising on its bus system. Because the City unconstitutionally applied its Transit Advertising...

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