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SUPREME COURT OF ARIZONA En Banc ) ) ) ) ) Plaintiffs/Appellants/ ) Cross-Appellees, ) v. ) ) PHIL GORDON, in his official ) capacity as Mayor of the City of ) Phoenix; DAVE SIEBERT, in his ) official capacity as member of ) the Phoenix City Council and ) Vice Mayor; PEGGY NEELY, in her ) official capacity as member of ) the Phoenix City Council; PEGGY ) BILSTEN, in her official ) capacity as member of the ) Phoenix City Council; TOM ) SIMPLOT, in his official ) capacity as member of the ) Phoenix City Council; CLAUDE ) MATTOX, in his official capacity ) as member of the Phoenix City ) Council; GREG STANTON, in his ) official capacity as member of ) the Phoenix City Council; ) MICHAEL JOHNSON, in his official ) capacity as member of the ) Phoenix City Council; FRANK ) FAIRBANKS, in his official ) capacity as City Manager of the ) City of Phoenix; and CITY OF ) PHOENIX, ) ) Defendants/Appellees, ) and ) ) NPP CITYNORTH, L.L.C., ) ) Intervenor/Defendant-Appellee/ ) Cross-Appellant. ) __________________________________) MEYER TURKEN; KENNETH D. CHEUVRONT; JAMES IANNUZO; JUSTIN SHAFER; ZUL GILLANI; and KATHY ROWE, Arizona Supreme Court No. CV-09-0042-PR Court of Appeals Division One No. 1 CA-CV 08-0310 Maricopa County Superior Court No. CV2007-013766

O P I N I O N

Appeal from the Superior Court in Maricopa County The Honorable Robert E. Miles, Judge AFFIRMED IN PART ________________________________________________________________ Opinion of the Court of Appeals, Division One 220 Ariz. 456, 207 P.3d 709 (App. 2008) VACATED AND REMANDED ________________________________________________________________ SCHARF-NORTON CENTER FOR CONSTITUTIONAL LITIGATION Phoenix By Carrie Ann Sitren Clint Bolick Attorneys for Meyer Turken, Kenneth D. Cheuvront, James Iannuzo, Justin Shafer, Zul Gillani, and Kathy Rowe FENNEMORE CRAIG, P.C. By Timothy Berg Andrew M. Federhar Theresa Dwyer-Federhar Scott J. Shelley And GARY VERBURG, PHOENIX CITY ATTORNEY Phoenix By Gary Verburg, City Attorney Attorneys for Phil Gordon, Dave Siebert, Peggy Neely, Peggy Bilsten, Tom Simplot, Claude Mattox, Greg Stanton, Michael Johnson, Frank Fairbanks, and City of Phoenix GAMMAGE & BURNHAM, P.L.C. By Lisa T. Hauser Grady Gammage, Jr. Cameron C. Artigue Heather J. Boysel Attorneys for NNP CityNorth, L.L.C. Phoenix Phoenix

SHERMAN & HOWARD, L.L.C. Phoenix By Gregory W. Falls Attorneys for Amicus Curiae National Federation of Independent Business Small Business Legal Center

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MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A. By Gary L. Birnbaum Scot L. Claus Attorneys for Amicus Curiae Valley Partnership

Phoenix

DAVID R. MERKEL Tempe By David R. Merkel Attorney for Amicus Curiae League of Arizona Cities and Towns TERRY GODDARD, ARIZONA ATTORNEY GENERAL By Rex C. Nowlan, Acting Section Chief Charles A. Grube, Senior Agency Counsel Attorneys for Amicus Curiae Kent Ennis GLENN J. GIMBUT, CITY ATTORNEY By Glenn J. Gimbut, City Attorney Attorney for Amicus Curiae City of San Luis Phoenix

San Luis

BARBARA LAWALL, PIMA COUNTY ATTORNEY Tucson By Regina L. Nassen, Deputy Pima County Attorney Attorneys for Amicus Curiae Pima County Board of Supervisors KIELSKY, RIKE & ELGART, PLLC By Michael Kielsky Christopher Rike Attorneys for Amici Curiae Arizona Chapter of Americans for Prosperity, Arizona Free Enterprise Club, Valley Business Owners (and Concerned Citizens), Inc., and Art Segal ARIZONA CENTER FOR LAW IN THE PUBLIC INTEREST By Timothy M. Hogan Joy E. Herr-Cardillo Attorneys for Amicus Curiae Arizona Center for Law in the Public Interest CRAIG D. TINDALL, GLENDALE CITY ATTORNEY By Craig D. Tindall, City Attorney Paul M. Li, Assistant City Attorney Christina A. Parry, Assistant City Attorney Attorneys for Amicus Curiae City of Glendale DEBORAH W. ROBBERSON, SCOTTSDALE CITY ATTORNEY By Robert B. Washburn, Deputy City Attorney And 3 Mesa

Phoenix

Glendale

Scottsdale

TOWN OF ORO VALLEY Oro Valley By Tobin Rosen, Town Attorney Attorneys for Amici Curiae City of Scottsdale and Town of Oro Valley ________________________________________________________________ H U R W I T Z, Vice Chief Justice

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