Brown v. City of Phoenix

UDALL, Justice.

This is an appeal from a judgment of the Superior Court of Maricopa County denying appellants (plaintiffs) a recovery (except for a refund of a small tax levied for library purposes) of a substantial sum in taxes paid by them under protest to the City of Phoenix, appellee (defendant).

Of the two assignments of error presented probably the second should first be considered for if it is well taken the appellants were clearly entitled to judgment. Briefly this assignment raises once again the question as to the right of the City of Phoenix, a home rule city, to maintain its own…