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TURKEN v. GORDON

No. 1 CA-CV 08-0310.

207 P.3d 709 (2008)

Meyer TURKEN; Kenneth D. Cheuvront; James Iannuzo; Justin Shafer; Zul Gillani; and Kathy Rowe, Plaintiffs/Appellants/Cross-Appellees, v. Phil GORDON, in his official capacity as Mayor of the City of Phoenix; Dave Siebert, in his official capacity as member of the Phoenix City Council and Vice Mayor; Peggy Neely, in her official capacity as member of the Phoenix City Council; Peggy Bilsten, in her official capacity as member of the Phoenix City Council; Tom Simplot, in his official capacity as member of the Phoenix City Council; Claude Mattox, in his official capacity as member of the Phoenix City Council; Greg Stanton, in his official capacity as member of the Phoenix City Council; Michael Johnson, in his official capacity as member of the Phoenix City Council; Frank Fairbanks, in his official capacity as City Manager of the City of Phoenix; and City of Phoenix, Defendants/Appellees, and NPP Citynorth, L.L.C., Intervenor/Defendant-Appellee/Cross-Appellant.

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

Review Granted June 1, 2009.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation, Goldwater Institute by Clint Bolick, Carrie Ann Sitren, Phoenix, Attorneys for Plaintiffs/Appellants/Cross-Appellees.

Fennemore Craig by Timothy Berg, Andrew M. Federhar, Theresa Dwyer-Federhar, Scott J. Shelley, and Gary Verburg, City Attorney, Phoenix, Attorneys for Defendants/Appellees City of Phoenix.

Gammage & Burnham, P.L.C. by Lisa T. Hauser, Cameron C. Artigue, Heather J. Boysel, Phoenix, Attorneys for Intervenor/Defendant-Appellee/Cross-Appellant NPP CityNorth, L.L.C.

Mohr, Hackett, Pederson, Blakely & Randolph, P.C. by Gregory W. Falls, Phoenix, Attorneys for National Federation of Independent Business Small Business Legal Center, Amicus Curiae.

OPINION

IRVINE, Judge.

¶ 1 Meyer Turken and several other taxpayers and business owners ("Appellants") appeal from a superior court judgment declaring that an agreement entered into between the City of Phoenix ("City") and NPP CityNorth, L.L.C. ("CityNorth") did not violate several provisions of the Arizona Constitution. CityNorth filed a cross-appeal, arguing that Appellants lacked standing to challenge the City's actions. We find that the payments...

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