Roberts v. City of Mesa

OPINION

HATHAWAY, Judge.

This appeal is taken from the trial court’s granting of appellees’ motions for summary judgment in consolidated cases challenging annexations by the City of Phoenix (Phoenix) and the City of Mesa (Mesa).

Appellants raise a single issue in the Mesa case: Whether A.R.S. § 9-471 (1984 version) violates due process because it delegates a significant portion of the legislature’s powers in the annexation context to private individuals who are free to exercise the delegated powers without reference to any standard or rule. The same issue is raised in the Phoenix case as well as…