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NORTHWEST FIRE DIST. v. U.S. HOME OF ARIZ.

No. CV-06-0377-PR.

161 P.3d 535 (2007)

NORTHWEST FIRE DISTRICT, an Arizona fire district, Plaintiff/Appellant, v. U.S. HOME OF ARIZONA CONSTRUCTION COMPANY, an Arizona corporation; and U.S. Home Corporation, a Delaware corporation, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

June 29, 2007.

Attorney(s) appearing for the Case

Benavidez Law Group, P.C., by Thomas A. Benavidez, Christopher B. Wencker, Tucson, Attorneys for Northwest Fire District.

Gallagher & Kennedy, P.A., by Jeffrey D. Gross, Phoenix, Attorneys for U.S. Home of Arizona Construction Company and U.S. Home Corporation.

Bancroft Susa & Galloway, P.C., by James M. Susa, Michael G. Galloway, Tucson, Attorneys for Amicus Curiae Arizona Tax Research Association.

Miller Lasota & Peters, P.L.C., by Donald M. Peters, Phoenix, Attorneys for Amicus Curiae The Arizona Fire District Association.

OPINION

RYAN, Justice.

¶ 1 Arizona Revised Statutes ("A.R.S.") section 48-805(B)(14) (Supp.2004), permits fire districts to "[a]dopt resolutions establishing fee schedules for providing fire protection services and services for the preservation of life."1 Included among the permissible fee schedules are those for "facilities benefit assessments." Id. In this case, we must determine whether the "facilities benefit...

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