HBA OF CENT. ARIZONA v. City of Mesa

OPINION

SWANN, Judge.

¶ 1 Home Builders Association of Central Arizona (“HBA”) appeals the superior court’s decision that the City of Mesa’s cultural facilities development fee is lawful under A.R.S. § 9-463.05. HBA asks us to determine whether Mesa’s cultural facilities are “necessary” public services within the meaning of A.R.S. § 9-463.05(A), and we conclude that they are. We hold that Mesa may impose the cultural facilities development fee under the statute because the maintenance of the facilities is rationally related to the powers that the Legislature has granted to municipalities, and…