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BONITO PARTNERS, LLC v. CITY OF FLAGSTAFF

No. 1 CA-CV 10-0819.

270 P.3d 902 (2012)

BONITO PARTNERS, LLC, an Arizona limited liability company, Plaintiff/Appellant, v. CITY OF FLAGSTAFF, a municipality, Defendant/Appellee.

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

February 21, 2012.

Attorney(s) appearing for the Case

Gerald W. Nabours , Flagstaff, Attorney for Appellant.

Mangum, Wall, Stoops & Warden, P.L.L.C. By Kenneth H. Brendel , Clyde P. Halstead , Flagstaff, Attorneys for Appellee.

David R. Merkel , Joni L. Hoffman , Phoenix, Attorneys for Amicus Curiae League of Arizona Cities and Towns.

OPINION

HALL, Judge.

¶ 1 Bonito Partners, LLC (Bonito) appeals from the trial court's summary judgment in favor of the City of Flagstaff (the City). Bonito contends that the City's ordinance requiring that owners of property adjoining sidewalks keep them in repair and imposing a lien against the property for the costs of repair if performed by the City is unconstitutional because, among other reasons, it "takes" private property for public use without...

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