Rogue Valley Sewer Services v. City of Phoenix

In this declaratory judgment action, we consider whether a home-rule city can impose a five percent franchise fee on a sanitary authority with overlapping jurisdiction. The trial court concluded that the city had authority to impose the fee at issue in this case, but declined to reach an additional question whether the amount of the fee was reasonable, because that issue was not presented by the pleadings. The Court of Appeals affirmed, concluding that the city had authority to enact the ordinance providing for the fee and that the sanitary authority’s argument about reasonableness was…