Valencia v. Cota

OPINION

JACOBSON, Judge.

The issue presented by this appeal from the granting of the defendants-appellees’ motion to dismiss for failure to state a claim is whether the action of the majority of the members of the Town Council of Guadalupe in firing the town manager was in violation of the open meeting laws of Arizona, A.R.S. § 38 — 431 et seq.

Since this matter was disposed of in the trial court upon a motion to dismiss, those facts that were well pled in the plaintiffs’ complaint are considered to be true. Folk v. City of Phoenix, 27 Ariz.App. 146, 551 P.2d 595 (1976).

The plaintiffs and…