SABAN RENT-A-CAR LLC, et al., Plaintiffs/Appellees/Cross-Appellants,
v.
ARIZONA DEPARTMENT OF REVENUE, Defendant/Appellant/Appellee/Cross-Appellee,
Tourism and Sports Authority, Defendant-in-Intervention/Appellant/Cross-Appellee.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Lawrence A. Kasten , Lewis Roca Rothgerber Christie LLP, Phoenix, Attorneys for Amicus Curiae John Halikowski, Director, Arizona Department of Transportation.
Barbara LaWall , Pima County Attorney, Regina L. Nassen , Deputy County, Attorney, Tucson, Attorneys for Amici Curiae Pima County and the Pima County Stadium District.
Michael K. Kennedy , Mark C. Dangerfield , Gallagher & Kennedy, P.A., Phoenix, Attorneys for Amici Curiae The Arizona Chamber of Commerce & Industry and The Greater Phoenix Chamber of Commerce.
JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE BRUTINEL, and JUSTICES PELANDER, GOULD, and LOPEZ joined. JUSTICE BOLICK authored an opinion concurring in part and dissenting in part.
JUSTICETIMMER, opinion of the Court:
¶ 1 Maricopa County imposes a surcharge on car rental agencies to fund a stadium and other sports and tourism-related ventures. The issue here is whether this surcharge violates the dormant Commerce Clause implied by Article I, Section 8, Clause 3 of the United States Constitution or the anti-diversion...
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