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ROUBOS v. MILLER

No. CV-06-0181-PR.

153 P.3d 1045 (2007)

William Wayne ROUBOS, Derrick Stephen DeNomme and KTTL Enterprises-Pacific Beach Club, Inc., an Arizona corporation, dba DV8 Nightclub, Petitioners, v. Hon. Leslie MILLER, Judge of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent Judge, City of Tucson, a municipal corporation, Real Party in Interest.

Supreme Court of Arizona, En Banc.

March 20, 2007.

Attorney(s) appearing for the Case

Munger Chadwick, P.L.C., By John F. Munger, Laura P. Chiasson, Tucson, for William Wayne Roubos, Derrick Stephen DeNomme, and KTTL Enterprises-Pacific Beach Club, Inc., dba DV8 Nightclub.

Michael G. Rankin, Tucson City Attorney, By William F. Mills, Assistant City Attorney, Dennis P. McLaughlin, Assistant City Attorney, Tucson, for City of Tucson.

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case requires us to decide whether a party that prevails in a civil infraction proceeding brought by a city may recover attorneys' fees under Arizona Revised Statutes ("A.R.S.") section 12-348 (2003). We hold that it may.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 In 2004, the City of Tucson twice cited Defendants William Roubos, Derrick DeNomme, and KTTL Enterprises-Pacific Beach Club,...

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