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WENNER v. DAYTON-HUDSON CORP.

No. 1 CA-CIV 3967.

123 Ariz. 203 (1979)

598 P.2d 1022

Paul WENNER, City of Phoenix Treasurer, and City of Phoenix, Appellants, v. DAYTON-HUDSON CORPORATION, a Minnesota Corporation, Appellee.

Court of Appeals of Arizona, Division 1, Department A.

August 7, 1979.

Attorney(s) appearing for the Case

Andrew Baumert, Phoenix City Atty. by Philip M. Haggerty, Asst. City Atty., Shimmel, Hill, Bishop & Gruender, P.C. by Lawrence J. Lee, and Susan R. Bolton, Phoenix, for appellants.

Ryley, Carlock & Ralston by A. Daniel Sheffield, Jr., Phoenix, for appellee.

OPINION

DONOFRIO, Acting Presiding Judge.

This is an appeal by defendants/appellants, City of Phoenix, from an adverse decision by the Superior Court of Maricopa County holding that the income received by plaintiff/appellee from certain agreements with retailers was not taxable under the Phoenix City Code § 14-2(a)(12).

We are called upon to determine two questions. First, whether the trial court erred when it found that the agreement involved...

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