YAUCH v. STATE

No. 2 CA-CIV 1341.

19 Ariz. App. 175 (1973)

505 P.2d 1066

Edgar D. YAUCH and Leota J. Porter, Petitioners, v. STATE of Arizona et al., and CITY OF TUCSON, Pima County, Arizona, the Real Party in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 14, 1973.

Review Granted April 3, 1973.


Attorney(s) appearing for the Case

John W. Ross, Jr., Tucson, for petitioners.

Herbert E. Williams, Tucson City Atty., by William E. Hildebrandt, Asst. City Atty., Tucson, for respondents.

Messing, Hirsh & Franklin, P.C., by Robert J. Hirsh and George J. Feulner, Tucson, amicus curiae.


HOWARD, Judge.

In this special action the petitioners have asked the court to declare unconstitutional the so-called "topless and bottomless" ordinances promulgated by the City of Tucson. In order to prevent further expenditure of judicial time and money in the city, superior and appellate courts of this state we have assumed jurisdiction.

Petitioners were originally charged in city court with violating the following ordinances of the City of Tucson:

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