Turken v. Gordon

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 The issue for decision is whether an agreement by the City of Phoenix to pay a developer as much as $97.4 million for the use of garage parking spaces violates the Gift Clause, Ariz. Const, art. 9, § 7. Although we conclude that the agreement quite likely violates the Gift Clause, because language in our previous opinions could well have led the City to conclude that the agreement was constitutional, we today clarify our Gift Clause jurisprudence and apply bur decision prospectively only.

I

A

¶2 CityNorth is the proposed commercial core of Desert Ridge, a…