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MOUNTAINSIDE MAR, LLC v. CITY OF FLAGSTAFF

No. 1 CA-CV 21-0002.

514 P.3d 948 (2022)

MOUNTAINSIDE MAR, LLC, et al., Plaintiffs/Appellants, v. CITY OF FLAGSTAFF, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

FILED June 30, 2022.

Attorney(s) appearing for the Case

Berry Riddell, LLC, Scottsdale, By Jeffrey D. Gross , Counsel for Plaintiffs/Appellants.

Dickinson Wright, PLLC, Phoenix, By Timothy M. Strong , Vail Cloar, Bennett E. Cooper , Counsel for Defendants/Appellees.

League of Arizona Cities and Towns, Phoenix, By Nancy L. Davidson , Counsel for Amicus Curiae League of Arizona Cities and Towns, City of Avondale, Town of Queen Creek, City of Show Low.

Presiding Judge D. Steven Williams delivered the opinion of the court, in which Vice Chief Judge David B. Gass and Judge James B. Morse Jr. joined.

OPINION

¶1 Municipalities are statutorily authorized to own, acquire, construct, and operate public utilities, including water and wastewater systems. In this appeal, we examine whether a municipality may lawfully assess fees under A.R.S. §§ 9-511 and -511.01 to offset costs associated with new or expanded...

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