City of Tucson v. Pima County

OPINION

EHRLICH, Judge.

¶ 1 The ultimate issue presented by this case is whether it is constitutional for the Arizona state legislature to require the consent of a proximate municipality before an area may incorporate. We conclude that the statute requiring such permission as a predicate to municipal incorporation, Ariz.Rev. Stat. (“A.R.S.”) § 9~101.01(B)(1) (1996), is constitutional, and we therefore affirm the superior court’s judgment dismissing the appellants’ contrary contentions.

FACTS and PROCEDURAL HISTORY

¶ 2 Since 1961, A.R.S. sections 9-101 (Supp.2000) and 9-101.01 have outlined the…