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NEPTUNE SWIMMING v. CITY OF SCOTTSDALE

No. CV-23-0076-PR.

542 P.3d 241 (2024)

NEPTUNE SWIMMING FOUNDATION, Plaintiff/Appellant, v. CITY OF SCOTTSDALE, Defendant/Appellee.

Supreme Court of Arizona.

Filed February 6, 2024.

Attorney(s) appearing for the Case

Timothy Sandefur , Jonathan Riches (argued), Scott Day Freeman , Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix; Dennis L. Hall , Dennis L. Hall , Attorney PLLC, Scottsdale, Attorneys for Neptune Swimming Foundation.

Scot L. Claus (argued), Vail C. Cloar , Holly M. Zoe , Alexandra Crandall , Dickinson Wright PLLC, Phoenix; Eric C. Anderson , Scottsdale City Attorney's Office, Scottsdale, Attorneys for City of Scottsdale.

Kory Langhofer, Thomas Basile, Statecraft PLLC, Phoenix, Attorneys for Amicus Curiae Arizona Free Enterprise Club and Grand Canyon Legal Center.

Joshua Bendor, Alexander W. Samuels, Luci D. Davis, Office of the Attorney General, Attorneys for Amicus Curiae State of Arizona.

Linley Wilson, Arizona House of Representatives; Rusty Crandell, Arizona State Senate, Phoenix, Attorneys for Amici Curiae Speaker of the Arizona House of Representatives Ben Toma and President of the Arizona State Senate Warren Petersen on Behalf of the 56th Arizona Legislature.

VICE CHIEF JUSTICE TIMMER authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES BOLICK, LOPEZ, BEENE, MONTGOMERY, and KING joined.

¶1 This case involves private swim clubs vying for exclusive rights to use the City of Scottsdale's (the "City") four public aquatic centers to operate competitive youth swimming programs. To decide whether Scottsdale Aquatic Club ("SAC") or Neptune Swimming Foundation ("Neptune") should receive...

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