William Roubos v. Hon. Leslie miller/tucson

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case requires us to decide whether a party that prevails in a civil infraction proceeding brought by a city may recover attorneys’ fees under Arizona Revised Statutes (“AR.S.”) section 12-348 (2003). We hold that it may.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 In 2004, the City of Tucson twice cited Defendants William Roubos, Derrick De-Nomme, and KTTL Enterprises-Pacific Beach Club, Inc., for violating Tucson City Code (“TCC”) § 16-32 by allowing unruly gatherings at the DV8 Nightclub. Defendants were found not responsible after a civil infraction…