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SENSING v. HARRIS

No. 1 CA-CV 07-0282.

172 P.3d 856 (2007)

Roger SENSING, a resident and citizen of the State of Arizona, Plaintiff/Appellant, v. Jack F. HARRIS, in his official capacity as Chief of Police of the City of Phoenix, an Arizona municipality, Defendant/Appellee.

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

December 20, 2007.

Attorney(s) appearing for the Case

Charles M. Brewer, Ltd. by David L. Abney, Phoenix, Attorneys for Plaintiff/Appellant.

Gary Verburg, Phoenix City Attorney by Tracy Van Buskirk, Assistant City Prosecutor, Marvin Sondag, Assistant City Attorney, Phoenix, Attorneys for Defendant/Appellee.

OPINION

IRVINE, Presiding Judge.

¶ 1 In this appeal, Roger Sensing requests that we order the superior court to direct the Phoenix Chief of Police to enforce a city ordinance that generally prohibits solicitation on city streets. The order Sensing seeks, known as a writ of mandamus, is normally issued by a court to require a public officer or entity to perform a nondiscretionary duty imposed by law. Here, because law enforcement decisions are generally...

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