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ROBERTS v. CITY OF MESA

Nos. 2 CA-CV 88-0082, 2 CA-CV 88-0083.

158 Ariz. 42 (1988)

760 P.2d 1091

Charles Anthony ROBERTS; Janett Slatford; Charles Farrell; Donald M. Orange; Charles Aaker; Willis Rofer; Joanne Lindsay and Industrial Waste Disposal, Ltd., an Arizona corporation, Plaintiffs/Appellants, v. CITY OF MESA, a municipal corporation; Mesa City Council, a body politic; and its members Sumner Al Brooks; Cordon Driggs; Ross Farnsworth; Dave Guthrie; L. Alton Riggs, Jr.; Peggy Rupach; Warren Steffey, Defendants/Appellees. William J. BOWLER; Roy W. Crawley and June E. Crawley, husband and wife; Edward R. Ellis and Miriam Ellis, husband and wife; Seid Waddell and Ila B. Waddell, husband and wife; Ralph F. Hensel and Ruth A. Hensel, husband and wife; Stanley R. Myers and Violet D. Myers, husband and wife; John Does I-X, Petitioners/Appellants, v. CITY OF PHOENIX, a municipal corporation, Robert K. Corbin, Attorney General of the State of Arizona; Council of the City of Phoenix, a public body, Respondents/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied April 20, 1988.

Review Denied September 20, 1988.

Attorney(s) appearing for the Case

Friedeman & O'Leary by John Friedeman, Phoenix, for petitioners/appellants.

Johnson & Shelley by J. LaMar Shelley and Neal Beets, Mesa City Atty., Mesa, for defendants/appellees.

Robert K. Corbin, Atty. Gen. by David J. Rich and Toni McClory, Phoenix, for Robert K. Corbin.

Roderick G. McDougall, Phoenix City Atty. by Larry F. Felix, Phoenix, for City of Phoenix.

OPINION

HATHAWAY, Judge.

This appeal is taken from the trial court's granting of appellees' motions for summary judgment in consolidated cases challenging annexations by the City of Phoenix (Phoenix) and the City of Mesa (Mesa).

Appellants raise a single issue in the Mesa case: Whether A.R.S. § 9-471 (1984 version) violates due process because it delegates a significant portion of the legislature's powers in the annexation context to private...

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