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MOSCHCAU v. MOHAVE COUNTY EX REL. NELSON

No. 1 CA-CV 02-0039.

48 P.3d 1212 (2002)

202 Ariz. 602

Leonard MOSCHCAU and Eva Scott, Acting Individually as Signers and Petition Circulators, and on behalf of the Signers of an Initiative Petition and on behalf of Stop, a Political Action Committee, Plaintiffs-Appellees, v. MOHAVE COUNTY, a body politic, ex rel., Brad R. NELSON, Election Director, Defendant-Appellant.

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

July 11, 2002.

Attorney(s) appearing for the Case

William J. Eckstrom, Mohave County Attorney By John K. White, Deputy County Attorney, Kingman, Attorneys for Appellant.

Harvey R. Jackson, Lake Havasu City, Attorney for Appellees.

OPINION

SULT, Judge.

¶ 1 In this opinion, we determine that a county's imposition of a transaction privilege tax pursuant to the authority of Arizona Revised Statutes section 42-6103 (Supp.2001) is a "legislative" act subject to the initiative power reserved to the citizens of the county under Article 4, Part 1, Section 1(8) of the Arizona Constitution.

BACKGROUND

¶ 2 Section 42-6103 authorizes small Arizona counties to levy a...

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