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AMERICAN FURN. WAREHOUSE v. TOWN OF GILBERT

No. 1 CA-CV 16-0773.

425 P.3d 1099 (2018)

795 Ariz. Adv. Rep. 9

AMERICAN FURNITURE WAREHOUSE CO., Plaintiff/Appellant, v. TOWN OF GILBERT, Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

Filed July 10, 2018.

Attorney(s) appearing for the Case

Berry Riddell, LLC, Scottsdale, By Martin A. Aronson , Jeffrey D. Gross , Counsel for Plaintiff/Appellant.

Grasso Law Firm, P.C., Chandler, By Robert Grasso, Jr. , Kim S. Alvarado , Counsel for Defendant/Appellee.

Pacific Legal Foundation, Sacramento, California, By James S. Burling , Counsel for Amicus Curiae Pacific Legal Foundation.

Chief Judge Samuel A. Thumma delivered the opinion of the Court, in which Presiding Judge Randall M. Howe and Judge Kenton D. Jones joined.

OPINION

¶ 1 This appeal arises out of the payment of a development fee, imposed by a town ordinance, as a condition of securing a permit to develop land. Plaintiff American Furniture Warehouse Co. (AFW) appeals from the grant of summary judgment in favor of defendant Town of Gilbert. AFW argues that the required...

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