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FLAGSTAFF VEND. CO. v. CITY OF FLAGSTAFF

No. 13569.

118 Ariz. 556 (1978)

578 P.2d 985

FLAGSTAFF VENDING COMPANY, an Arizona Business Corporation, Appellant, v. CITY OF FLAGSTAFF, a Municipal Corporation, the Council of the City of Flagstaff, said Municipal Corporation's Governing Body, the Clerk of the City of Flagstaff, Frank Abeyta, Individually, and as the Finance Director of the City of Flagstaff, Charles K. McClain, Individually, and as City Manager of the City of Flagstaff, P.G. Bassler, Individually, and as Sales Tax Administrator and the Treasurer of the City of Flagstaff, Appellees.

Supreme Court of Arizona, In Banc.

April 25, 1978.

Attorney(s) appearing for the Case

Shimmel, Hill, Bishop & Gruender, P.C. by Lawrence J. Lee, Phoenix, for appellant.

Mangum, Wall, Stoops & Warden by Robert W. Warden, Fred W. Croxen, II, Flagstaff City Atty., Flagstaff, for appellees.

GORDON, Justice:

Following an audit of appellant's records, the City of Flagstaff, appellee, assessed the Flagstaff Vending Company $7,677.15. This amount reflected a one per cent business privilege tax plus accrued interest and a ten per cent penalty. Appellant paid the taxes under protest and then filed a complaint in the superior court seeking a refund. Following cross motions for summary judgment, the superior court found in favor of the City of Flagstaff. This...

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