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TOHONO O'ODHAM NATION v. CITY OF GLENDALE

No. 1 CA-CV 10-0341.

253 P.3d 632 (2011)

The TOHONO O'ODHAM NATION, a federally recognized Indian tribe, Plaintiff/Appellant, v. CITY OF GLENDALE, an Arizona municipal corporation; Elaine M. Scruggs, in her official capacity as Mayor of the City of Glendale; Manny Martinez, in his official capacity as a Glendale City Council Member and Vice Mayor; Yvonne J. Knaack, in her official capacity as a Glendale City Council Member; Phil Lieberman, is his official capacity as a Glendale City Council Member; David Goulet, in his official capacity as a Glendale City Council Member; Steven Frate, in his official capacity as a Glendale City Council Member; and Joyce Clark, in her official capacity as a Glendale City Council Member, Defendants/Appellees.

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

May 3, 2011.

Attorney(s) appearing for the Case

Quarles & Brady LLP By James A. Ryan, Lauren Elliott Stine, Phoenix, and Gammage & Burnham, By Lisa T. Hauser, Phoenix, Co-Counsel for Plaintiff/Appellant.

Office of the City Attorney City of Glendale Glendale By Craig D. Tindall, Nicholas C. DiPiazza, Christina A. Parry, Glendale, Attorneys for Defendants/Appellees.

Gust Rosenfeld P.L.C. By David A. Pennartz, Phoenix, Attorneys for Amicus Curiae.

OPINION

WINTHROP, Judge.

¶ 1 The Tohono O'odham Nation ("Nation") appeals the grant of summary judgment to the City of Glendale ("Glendale") on Nation's challenge to Glendale's purported annexation of real property owned by Nation. For the reasons that follow, we hold that when the validity of a municipality's annexation ordinance is timely challenged in court, the annexation does not automatically become final thirty days after the ordinance was adopted...

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