Quimbee logo
DMCA.com Protection Status
From our private database of 16,300+ case briefs...

Turken v. Gordon

Supreme Court of Arizona
224 P.3d 158 (2010)


The City of Phoenix (Phoenix) (defendant), authorized by the Phoenix City Council, entered into an agreement (Agreement) with developer NPP CityNorth L.L.C. (NPP) (defendant). Under the Parking Agreement, NPP would set aside, for 45 years, 2,980 parking spaces for the non-exclusive use of the public, with 200 spaces for the exclusive use of those participating in commuting programs. In exchange, Phoenix would pay NPP $97,400,000 over a period of up to 11 years and three months. Meyer Turken and other Phoenix taxpayers (plaintiffs) sued Phoenix to enjoin payments to NPP under the Agreement, arguing that the Agreement violated the Gift Clause of the Arizona Constitution, which bars gifts from municipalities to private entities. The plaintiffs also made other constitutional arguments. The superior court granted summary judgment to Phoenix and NPP, holding that an expenditure is permissible if (1) the expenditure has a public purpose and (2) the consideration received by the municipality is not so inequitable and unreasonable that the expenditure amounts to a subsidy to the private entity. The court of appeals reversed the superior court’s decision and applied a different test under which an expenditure was forbidden if the primary beneficiary was a private entity and the municipality only incidentally benefited, finding that NPP was the primary beneficiary of the Agreement and that the public of Phoenix was only an incidental beneficiary. The Supreme Court of Arizona granted Phoenix and NPP’s petition for review, en banc.

Rule of Law


Holding and Reasoning (Hurwitz, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 366,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,300 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.