Legal Opinion

Northwest Fire District v. U.S. Home of Arizona Construction Co.

Court of Appeals of Arizona

Decided September 29, 2006No. 2 CA-CV 2006-0061PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ECKERSTROM, Presiding Judge.

¶ 1 The governing board of plaintiff/appellant Northwest Fire District adopted a resolution to impose a “facilities benefit assessment” on homes not yet constructed but for which a landowner has obtained a building permit. Contending the District had no authority to do so, U.S. Home of Arizona Construction Company and U.S. Home Corporation (collectively, US Home) refused to pay the assessments on homes they were building. The District brought an action to force US Home to pay the assessment. The trial court granted summary judgment in favor of US Home, and…

2Cases cited16 opinions

  1. Kent K. v. Bobby M.Arizona Supreme Court · 2005
  2. San Juan Cellular Telephone Company, Etc. v. Public Service Commission of Puerto RicoCourt of Appeals for the First Circuit · 1992
  3. Bilke v. StateArizona Supreme Court · 2003
  4. Bidart Brothers, a California Corporation v. The California Apple CommissionCourt of Appeals for the Ninth Circuit · 1996
  5. Home Builders Ass'n v. City of ScottsdaleArizona Supreme Court · 1997

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3Cited by1 opinion

  1. Northwest Fire District v. U.S. Home of Arizona Construction Co.Arizona Supreme Court · 2007

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