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HOME BUILDERS ASS'N v. CITY OF SCOTTSDALE

No. CV-95-0160-PR.

187 Ariz. 479 (1997)

930 P.2d 993

HOME BUILDERS ASSOCIATION OF CENTRAL ARIZONA, a non-profit Arizona corporation; for and on behalf of all similarly situated; Grupe Development Co., Inc., and Arizona corporation; Knoell Bros. Construction, Inc., an Arizona corporation; Marlborough Development Corporation, an Arizona corporation, Plaintiffs-Appellees, v. CITY OF SCOTTSDALE, a municipal corporation, Herbert R. Drink-Water, Rene Wendell, James D. Bruner, Kathryn Campana, Myron R. Deibel, William Soderquist, and Bill Walton, members of the City Council of the City of Scottsdale, Defendants-Appellants.

Supreme Court of Arizona, En Banc.

January 7, 1997.

Attorney(s) appearing for the Case

Carmichael & Powell, P.C. by Ronald W. Carmichael, Sid A. Horwitz, Brian A. Hatch, Claudia J. Resnick, Phoenix, for Plaintiffs/Appellees.

Lieberman, Dodge, Sendrow & Gerding, Ltd. by Marc R. Lieberman, Susan G. Sendrow, Phoenix, and Fredda J. Bisman, Scottsdale City Attorney by Barbara R. Goldberg, Scottsdale, for Defendants/Appellants.

Snell & Wilmer by Regina L. Nassen, Clague A. Van Slyke, Tucson, for Amicus Curiae. Southern Arizona Home Builders Association.

Shelley & Bethea by J. LaMar Shelley, Mesa, for Amicus Curiae League of Arizona Cities and Towns.

OPINION

CHARLES E. ARES, Judge Pro Tem.

Driven by the Groundwater Management Act of 1980 to drastically reduce its dependence on underground water, the City of Scottsdale imposed a water resources development fee on all new realty developments. The Home Builders Association of Central Arizona (HBA), some of whose members paid the fee under protest, challenged in superior court the fee's validity under Arizona's enabling act, A.R.S. § 9-463...

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