1. Home
  2. Browse Decisions
  3. P.3d
  4. 19 P.3d
  5. 19 P.3d 650 (2001)
 

CITY OF TUCSON v. PIMA COUNTY

No. 1 CA-CV 00-0411.

19 P.3d 650 (2001)

199 Ariz. 509

CITY OF TUCSON, a municipal corporation, Plaintiff-Appellee, v. PIMA COUNTY, a political subdivision of the State of Arizona; Mike Boyd, Sharon Bronson, Raymond Carroll, Dan Eckstrom and Raul Grijalva, in their official capacities as Members of the Pima County Board of Supervisors, Defendants-Appellants, The Committee to Incorporate the Town of Tortolita, Defendant-Intervenor-Appellant. The Committee to Incorporate the Town of Tortolita; Town of Tortolita; Cheryl L. Wiener; Ronald K. Wiener; Joan L. Eerkes; David L. Eerkes, Counterclaimants-Appellants, v. State of Arizona; City of Tucson, a municipal corporation; Town of Oro Valley, a municipal corporation, Counterdefendants-Appellees.

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

Review Denied April 26, 2001.

Attorney(s) appearing for the Case

Anthony B. Ching, Tempe, Attorney for Appellants Pima County and Members of its Board of Supervisors.

Risner & Graham by William J. Risner, Tucson, Attorneys for Appellants Committee to Incorporate the Town of Tortolita, Town of Tortolita, Cheryl L. Wiener, Ronald K. Wiener, Joan L. Eerkes and David L. Eerkes.

Michael D. House, Tucson City Attorney by Dennis P. McLaughlin, Principal Assistant City Attorney, Tucson, and Ulrich & Anger, P.C. by Paul G. Ulrich, Phoenix, Attorneys for Appellee City of Tucson.

Frank Cassidy, P.C. by Frank Cassidy, Tucson, and Dan Dudley, Town Attorney, Town of Oro Valley, Oro Valley, Attorneys for Appellee Town of Oro Valley.

Janet A. Napolitano, Attorney General by Eva K. Bacal, Assistant Attorney General, Tucson, Attorney for Appellee State of Arizona.

OPINION

EHRLICH, Judge.

¶ 1 The ultimate issue presented by this case is whether it is constitutional for the Arizona state legislature to require the consent of a proximate municipality before an area may incorporate. We conclude that the statute requiring such permission as a predicate to municipal incorporation, ARIZ.REV. STAT. ("A.R.S.") § 9-101.01(B)(1) (1996), is constitutional, and we therefore affirm the superior court's judgment dismissing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases