Fred Nackard Land Co. v. City of Flagstaff

OPINION

SWANN, Judge.

¶ 1 The issue in this case is whether the ordinances that establish a eharge-and-ered-it system to fund the City of Flagstaffs stormwater management utility are constitutional. Applying the rational basis test to Plaintiffs’ state law equal protection challenge, we hold that the ordinances are facially valid. We conclude, however, that Plaintiffs have presented sufficient evidence to preclude summary judgment on their claim that the ordinances have been applied in an unconstitutionally discriminatory manner. We further hold that the right to equal charges guaranteed by…