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HBA OF CENT. ARIZONA v. CITY OF MESA

No. 1 CA-CV 09-0583.

243 P.3d 610 (2010)

HOME BUILDERS ASSOCIATION OF CENTRAL ARIZONA, Plaintiff/Appellant, v. CITY OF MESA, Defendant/Appellee.

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

November 4, 2010.

Attorney(s) appearing for the Case

Scharf-Norton Center for Constitutional Litigation, By Clint Bolick , and Gustavo E. Schneider , and Carrie Ann Sitren , Phoenix, Attorneys for Appellant.

Mariscal Weeks McIntyre & Friedlander, P.A., By Gary L. Birnbaum , and David J. Ouimette, and Andrew L. Pringle , Phoenix, Attorneys for Appellee.

OPINION

SWANN, Judge.

¶ 1 Home Builders Association of Central Arizona ("HBA") appeals the superior court's decision that the City of Mesa's cultural facilities development fee is lawful under A.R.S. § 9-463.05. HBA asks us to determine whether Mesa's cultural facilities are "necessary" public services within the meaning of A.R.S. § 9-463.05(A), and we conclude that they are. We hold that Mesa may impose the cultural facilities development...

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