MARICOPA CITIZENS PROTECTING v. PRICE

No. 2 CA-CV 2017-0134.

418 P.3d 1103 (2017)

779 Ariz. Adv. Rep. 14

MARICOPA CITIZENS PROTECTING TAXPAYERS, a political action committee formed and registered pursuant to A.R.S. § 16-905; Robert Rebich, individually and as Chairman of Maricopa Citizens Protecting Taxpayers; David Prom, individually and as Treasurer of Maricopa Citizens Protecting Taxpayers, Plaintiffs/Appellees, v. Christian PRICE, in his official capacity as Maricopa Mayor; Marvin L. Brown, in his official capacity as Maricopa Councilman; Peggy Chapados, in her official capacity as Maricopa Councilwoman; Vincent Manfredi, in his official capacity as Maricopa Councilman; Nancy Smith, in her official capacity as Maricopa Councilwoman; Julia R. Gusse, in her official capacity as Maricopa Councilwoman; Henry Wade, in his official capacity as Maricopa Councilman; Vanessa Bueras, in her official capacity as Maricopa City Clerk; City of Maricopa, Arizona, a public entity, Defendants/Appellants, and Private Motorsports Group, LLC, an Arizona limited liability company, Real Party in Interest/Appellant. Private Motorsports Group, LLC, an Arizona limited liability company, Cross-Claimant/Appellant, v. Christian Price, in his official capacity as Maricopa Mayor; Marvin L. Brown, in his official capacity as Maricopa Councilman; Peggy Chapados, in her official capacity as Maricopa Councilwoman; Vincent Manfredi, in his official capacity as Maricopa Councilman; Nancy Smith, in her official capacity as Maricopa Councilwoman; Julia R. Gusse, in her official capacity as Maricopa Councilwoman; Henry Wade, in his official capacity as Maricopa Councilman; Vanessa Bueras, in her official capacity as Maricopa City Clerk; City of Maricopa, Arizona, a public entity, Cross-Defendants/Appellants. Private Motorsports Group, LLC, an Arizona limited liability company, Counterclaimant/Appellant, v. Maricopa Citizens Protecting Taxpayers, a political action committee, Counterdefendant/Appellee.

Court of Appeals of Arizona, Division 2.

Filed December 4, 2017.


Attorney(s) appearing for the Case

Fitzgibbons Law Offices, PLC, Casa Grande, By Denis M. Fitzgibbons and Tina L. Vannucci , Counsel for Defendants/Cross-Defendants/Appellants City of Maricopa.

Coppersmith Brockelman PLC, Phoenix, By Roopali H. Desai , Keith Beauchamp , and D. Andrew Gaona and Rose Law Group, PC, Scottsdale, By Evan Bolick and Logan V. Elia , Counsel for Real Party in Interest/Cross-Claimant/Counterclaimant/Appellant Private Motorsports Group, LLC.

Timothy A. La Sota, PLC, Phoenix, By Timothy A. La Sota , Counsel for Plaintiffs/Counterdefendants/Appellees Maricopa Citizens Protecting Taxpayers.

Presiding Judge Staring authored the opinion of the Court, in which Judge Espinosa and Judge Eppich concurred.


OPINION

¶ 1 Private Motorsports Group, LLC ("PMG"), the Clerk of the City of Maricopa ("the Clerk"), and the Mayor and individual members of the City Council (collectively, "the City") appeal from the trial court's ruling in favor of Maricopa Citizens Protecting Taxpayers and its officers, Robert Rebich,...

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