ALPHA, LLC v. DARTT

No. 1 CA-CV 12-0361.

304 P.3d 1126 (2013)

ALPHA, LLC dba Alpha Towing; Tanner Enterprises, LLC dba Towing Services, Automotive Services, Plaintiffs/Appellants, v. Jeff DARTT, Deputy Camp Verde Marshal; Earl J. Huff, Lieutenant Camp Verde Marshal; David R. Smith, Camp Verde Marshal; Town of Camp Verde, Arizona, Defendants/Appellees.

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

June 27, 2013.


Attorney(s) appearing for the Case

Law Offices of Stephen H. Schwartz By Stephen H. Schwartz , Sedona, Attorney for Plaintiffs/Appellants.

Murphy Schmitt Hathaway & Wilson By Milton W. Hathaway, Jr. , Andrew J. Becke , Prescott, Attorneys for Defendants/Appellees.


OPINION

DOWNIE, Judge.

¶ 1 The issue in this appeal is whether the appellant towing businesses have a property interest in remaining on a towing rotation list created and administered by a municipal police agency. Because there is no underlying legislative enactment, and the regulations governing the list are modifiable at the administrator's discretion, no constitutionally protected property interest exists. We therefore affirm the grant of summary...

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