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BENNETT v. BROWNLOW

No. 1 CA-CV 03-0233.

90 P.3d 1245 (2004)

208 Ariz. 79

Tammie C. BENNETT and James A. Bennett, wife and husband, dba Old Town Square Arts And Crafts Festival, Plaintiffs-Appellants, v. Gheral BROWNLOW and Carol Brownlow, husband and wife; Yavapai County, a political subdivision of the State of Arizona, Defendants-Appellees.

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

As Amended June 16, 2004.

Attorney(s) appearing for the Case

Jones & Miller By Kenton D. Jones, Prescott, Attorney for Appellants.

Jones, Skelton & Hochuli, P.L.C., By Randall H. Warner Georgia A. Staton, Phoenix, Attorneys for Appellees.

OPINION

IRVINE, Judge.

¶ 1 Appellants, Tammie C. Bennett ("Bennett") and her husband, James A. Bennett, appeal from an order granting summary judgment to Yavapai County ("County"). We find that the County violated the First Amendment to the United States Constitution by requiring that sponsors of events on the Courthouse Plaza be non-profit organizations. Therefore, we reverse the judgment and remand for further proceedings.

FACTUAL AND PROCEDURAL...

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