City of Tucson v. Woods

OPINION

KLEINSCHMIDT, Judge.

This is an appeal from an order of the Superior Court upholding a statute which allows certain communities in Pima County near the City of Tucson to incorporate as towns without the City’s consent. We reverse because we find that the statute is a special or local law that violates Article 4, Part 2, Section 19 of the Arizona Constitution. 1

Under Arizona Revised Statutes Annotated (A.R.S.) section 9-101 communities of 1,500 or more persons may be incorporated as cities or towns in either of two ways. When two-thirds of the qualified electors residing in the community…