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.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
January 25, 2010.
January 25, 2010.
Attorney(s) appearing for the Case
Scharf-Norton Center for Constitutional Litigation by Carrie Ann Sitren, Clint Bolick, Phoenix, Attorneys for Meyer Turken, Kenneth D. Cheuvront, James Iannuzo, Justin Shafer, Zul Gillani, and Kathy Rowe.
Fennemore Craig, P.C. by Timothy Berg, Andrew M. Federhar, Theresa Dwyer-Federhar, Scott J. Shelley and Gary Verburg, Phoenix City Attorney, by Gary Verburg, City Attorney, Phoenix, Attorneys for Phil Gordon, Dave Siebert, Peggy Neely, Peggy Bilsten, Tom Simplot, Claude Mattox, Greg Stanton, Michael Johnson, Frank Fairbanks, and City of Phoenix.
Gammage & Burnham, P.L.C., by Lisa T. Hauser, Grady Gammage, Jr., Cameron C. Artigue, Heather J. Boysel, Phoenix, Attorneys for NPP CityNorth, L.L.C.
Sherman & Howard, L.L.C., by Gregory W. Falls, Phoenix, Attorneys for Amicus Curiae National Federation of Independent Business Small Business Legal Center.
Mariscal, Weeks, McIntyre & Friedlander, P.A., by Gary L. Birnbaum, Scot L. Claus, Phoenix, Attorneys for Amicus Curiae Valley Partnership.
David R. Merkel by David R. Merkel, Tempe, Attorney for Amicus Curiae League of Arizona Cities and Towns.
Terry Goddard, Arizona Attorney General, by Rex C. Nowlan, Acting Section Chief, Charles A. Grube, Senior Agency Counsel, Phoenix, Attorneys for Amicus Curiae Kent Ennis.
Glenn J. Gimbut, City Attorney, by Glenn J. Gimbut, City Attorney, San Luis, Attorney for Amicus Curiae City of San Luis.
Barbara Lawall, Pima County Attorney by Regina L. Nassen, Deputy Pima County Attorney, Tucson, Attorneys for Amicus Curiae Pima County Board of Supervisors.
Kielsky, Rike & Elgart, PLLC by Michael Kielsky, Christopher Rike, Mesa, Attorneys for Amici Curiae Arizona Chapter of Americans for Prosperity, Arizona Free Enterprise Club, Valley Business Owners (and Concerned Citizens), Inc., and Art Segal.
Arizona Center for Law in the Public Interest by Timothy M. Hogan, Joy E. Herr-Cardillo, Phoenix, Attorneys for Amicus Curiae Arizona Center for Law in the Public Interest.
Craig D. Tindall, Glendale City Attorney by Craig D. Tindall, City Attorney, Paul M. Li, Assistant City Attorney, Christina A. Parry, Assistant City Attorney, Glendale, Attorneys for Amicus Curiae City of Glendale.
Deborah W. Robberson, Scottsdale City Attorney by Robert B. Washburn, Deputy City Attorney, Scottsdale, and Town of Oro Valley by Tobin Rosen, Town Attorney, Oro Valley, Attorneys for Amici Curiae City of Scottsdale and Town of Oro Valley.
Supreme Court of Arizona, En Banc.
OPINION
HURWITZ, Vice Chief Justice.
¶ 1 The issue for decision is whether an agreement by the City of Phoenix to pay a developer as much as $97.4 million for the use of garage parking spaces violates the Gift Clause, Ariz. Const. art. 9, § 7. Although we conclude that the agreement quite likely violates the Gift Clause, because language in our previous opinions could well have led the City to conclude that the agreement was constitutional, we...
Let's get started
Welcome to the leading source of independent legal reporting Sign on now to see your case. Or view more than 10 million decisions and orders.
Updated daily.
Uncompromising quality.
Complete, Accurate, Current.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full
text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the
full text of the citing case.
