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MARSONER v. PIMA COUNTY

No. CV-90-0144-PR.

166 Ariz. 486 (1991)

803 P.2d 897

Reinhold MARSONER, dba Les Girls, Joseph Hilt, dba I-10 Adult Books, Betty Osco, dba Empress Theater, Daniel Osco, dba the Livingroom Lounge, Daniel Osco, dba Empress II, David Lindsey, dba the Party House, Raymond Mellenberndt, Jr., dba Pleasure World, Mark D. Holguin, dba the Bookstore Southwest, Leonard T. Sojka, dba ABC Stores, Speedway Entertainment, Inc., an Arizona Corporation, Albright Investment Corporation, an Arizona Corporation, Miracle Mile Movies, Inc., an Arizona Corporation, Wal Limited, Inc., an Arizona Corporation, and Adult Expectation, Inc., an Arizona Corporation, Plaintiffs/Appellees, v. PIMA COUNTY, a Body Politic, Defendant/Appellant.

Supreme Court of Arizona, En Banc.

January 3, 1991.

Attorney(s) appearing for the Case

Michael J. Bloom, P.C. by Michael J. Bloom, Tucson, for plaintiffs/appellees.

Stephen D. Neely, Pima County Atty., Martin Willett, Pima County Deputy County Atty., Tucson, for defendant/appellant.

OPINION

GORDON, Chief Justice.

Pima County (the County) petitioned this court to review the court of appeals' decision that the County, acting through its Board of Supervisors, lacks authority under Arizona law to enact an ordinance requiring the licensing of adult amusement establishments. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), and A.R.S. § 12-120.24.

FACTUAL AND PROCEDURAL BACKGROUND

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