Legal Opinion

Bonito Partners, LLC v. City of Flagstaff

Court of Appeals of Arizona

Decided February 21, 2012No. 1 CA-CV 10-0819PublishedCited by 7 opinions

1Opinion of the Court

OPINION

HALL, Judge.

¶ 1 Bonito Partners, LLC (Bonito) appeals from the trial court’s summary judgment in favor of the City of Flagstaff (the City). Bonito contends that the City’s ordinance requiring that owners of property adjoining sidewalks keep them in repair and imposing a lien against the property for the costs of repair if performed by the City is unconstitutional because, among other reasons, it “takes” private property for public use without just compensation in violation of the Fifth Amendment. Finding that the ordinance is a valid exercise of the City’s police powers, the trial…

2Cases cited32 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  5. Agins v. City of TiburonSupreme Court of the United States · 1980

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3Cited by7 opinions

  1. Town of Marana v. Pima CountyCourt of Appeals of Arizona · 2012
  2. Heidbreder v. HeidbrederCourt of Appeals of Arizona · 2012
  3. Magness v. Arizona Registrar of ContractorsCourt of Appeals of Arizona · 2014
  4. Marriage of Ames v. AmesCourt of Appeals of Arizona · 2016
  5. Lewis v. Debord and Nelson-DebordCourt of Appeals of Arizona · 2014

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