Goodyear Farms v. City of Avondale

714 P.2d 386, 148 Ariz. 216, 1986 Ariz. LEXIS 168
CourtArizona Supreme Court
DecidedJanuary 13, 1986
Docket18275-PR
StatusPublished
Cited by16 cases

This text of 714 P.2d 386 (Goodyear Farms v. City of Avondale) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goodyear Farms v. City of Avondale, 714 P.2d 386, 148 Ariz. 216, 1986 Ariz. LEXIS 168 (Ark. 1986).

Opinions

CAMERON, Justice.

This is a petition for review of an opinion and decision of the court of appeals, which reversed a summary judgment in favor of the City of Avondale and declared the Arizona annexation statute, A.R.S. § 9-471, unconstitutional. Goodyear Farms v. City of Avondale, 148 Ariz. 256, 714 P.2d 426 (1985). We have jurisdiction pursuant to art. 6 § 5(3) of the Arizona Constitution, A.R.S. § 12-120.24 and Rule 23, Ariz. R. of Civ.App.Proc., 17A A.R.S.1

The issue to be decided on review is whether A.R.S. § 9-471(A)(l) violates the equal protection clauses of the Federal and Arizona Constitutions by providing that only property owners can initiate annexation by the signing of annexation petitions.

The facts are not in dispute. In 1981, petitions were circulated among owners of property adjacent to the City of Avondale and owned in part by the petitioners. The petitions were signed by property owners representing more than one-half of the real and personal property subject to taxation in the area and then presented to the City of Avondale (Avondale) requesting annexation. Consequently, Avondale noticed and held a public hearing on the proposed annexation.

Goodyear Farms, Litchfield Park Properties, and Litchfield Park Service Company (Goodyear Farms), corporations owning property in the area to be annexed, were specifically invited to the public hearing. Following the hearing, on 26 May 1981, Avondale passed Annexation Ordinance No. 301 which annexed certain portions of the Litchfield Park community contiguous to its boundaries. Goodyear Farms filed suit challenging the validity of the annexation ordinance. They claimed that A.R.S. § 9-471, the statute providing the method [218]*218of municipal annexation, was unconstitutional. Upon cross-motions for summary judgment, the trial court ruled in favor of Avondale finding the ordinance valid and constitutional. The court of appeals reversed, holding that A.R.S. § 9-471(A)(1) violates the equal protection clauses of the Federal and Arizona Constitution, “insofar as it excludes non property owners from signing annexation petitions.” Goodyear Farms v. City of Avondale, supra, at 260, 714 P.2d at 430. We granted Avondale’s petition for review.

In Arizona, a city or town may annex property according to the procedure provided in A.R.S. § 9-471. Annexation can only be initiated:

On presentation of a petition in writing signed by the owners of not less than one half in value of the real and personal property as would be subject to taxation by the city or town in the event of annexation, in any territory contiguous to the city or town, as shown by the last assessment of the property, and not embraced within the city or town limits, the governing body of the city or town may, by ordinance, annex the territory to such city or town____

A.R.S. § 9-471(A).

This statute provides a two-tier process of annexation. First, a petition requesting annexation must be signed by the owners of not less than one-half in value of the real and personal property subject to taxation, if the annexation is completed. Second, the governing body of the interested municipal corporation may then, at its discretion, enact an ordinance annexing the territory. Goodyear Farms argues that this method of annexation is unconstitutional, as a violation of equal protection, because it denies non-property owners residing in the area to be annexed the right to participate in the annexation decision.

The legislature has broad power over municipal annexations. City of Tucson v. Garrett, 77 Ariz. 73, 267 P.2d 717 (1954). This power was clearly recognized by the United States Supreme Court in Hunter v. City of Pittsburgh, 207 U.S. 161, 28 S.Ct. 40, 52 L.Ed. 151 (1907), its landmark decision in this area, which stated:

We think the following principles have been established by them and have become settled doctrines of this court, to be acted upon wherever they are applicable. Municipal corporations are political subdivisions of the state, created as convenient agencies for exercising such of the governmental powers of the state as may be intrusted to them. For the purposes of executing these powers properly and efficiently they usually are given the power to acquire, hold and manage personal and real property. The number, nature, and duration of the powers conferred upon these corporations and the territory over which they shall be exercised rests in the absolute discretion of the state. * * * The state, therefore, at its pleasure, may modify or withdraw all such powers, may take without compensation such property, hold it itself, or vest it in other agencies, expand or contract the territorial area, unite the whole or a part of it with another municipality, repeal the charter and destroy the corporation. All this may be done, conditionally or unconditionally, with or without the consent of the citizens, or even against their protest. In all respects the state is supreme, and its legislative body, conforming its action to the state Constitution, may do as it will, unrestrained by any provision of the Constitution of the United States. Although the inhabitants and property owners may, by such changes, suffer inconvenience, and their property may be lessened in value by the burden of increased taxation, or for any other reason, they have no right, by contract or otherwise, in the unaltered or continued existence of the corporation or its powers, and there is nothing in the Federal Constitution which protects them from these injurious consequences.

Id. at 178-179, 28 S.Ct. at 46-47. Further, this court has stated, “[t]he extent of the right of municipalities to enlarge their boundaries is dependent entirely on the legislature and its power in that respect is [219]*219plenary in the absence of constitutional limitations,____” City of Tucson v. Garrett, 77 Ariz. at 76, 267 P.2d at 719.

As to constitutional limitations where a .classification does not involve a suspect class or a constitutionally protected interest, the equal protection clause is violated only if the classification is wholly unrelated to the objectives of the state’s action. State v. Reisig, 128 Ariz. 60, 61, 623 P.2d 849, 850 (App.1981). Under this “rational basis” test, a legislative classification will not be set aside if any set of facts rationally justifying it is demonstrated to or perceived by the courts. State v. Kelly, 111 Ariz. 181, 184, 526 P.2d 720, 723 (1974), cert. denied, 420 U.S. 935, 95 S.Ct. 1143, 43 L.Ed.2d 411 (1975).

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Goodyear Farms v. City of Avondale
714 P.2d 386 (Arizona Supreme Court, 1986)

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Bluebook (online)
714 P.2d 386, 148 Ariz. 216, 1986 Ariz. LEXIS 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodyear-farms-v-city-of-avondale-ariz-1986.