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GOODYEAR FARMS v. CITY OF AVONDALE

No. CA-CIV 7127.

148 Ariz. 256 (1985)

714 P.2d 426

GOODYEAR FARMS, an Arizona corporation; Litchfield Park Properties, an Arizona corporation; and Litchfield Park Service Company, an Arizona corporation, Petitioners-Appellants, v. The CITY OF AVONDALE, a municipal corporation, Respondent-Appellee.

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

April 25, 1985.

Attorney(s) appearing for the Case

Snell & Wilmer by Richard K. Mahrle Charles K. Ayers, Phoenix, for petitioners-appellants.

Frank L. Ross, Litchfield Park, for respondent-appellee.

MEYERSON, Presiding Judge.

This appeal concerns the constitutionality of Arizona's annexation statute. A.R.S. § 9-471(A)(1) (Supp. 1984). We hold that this statute is unconstitutional in violation of the equal protection clauses of the United States and Arizona constitutions because it provides that only property owners may sign annexation petitions.

I. FACTS

In 1981, the City of Avondale adopted an annexation ordinance and therein annexed certain...

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