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League Service: Amicus Brief
When a lawsuit is appealed to the Arizona Court of Appeals, each side files a brief, which is a document laying out each side's arguments of why it should
prevail. After each side files its brief, the Court may hear oral arguments, and then issue a decision.
One of the services the League provides is to file an amicus brief on behalf of a city or town that is involved in an appellate case. An amicus brief is filed by
a person or entity who is not a party to a case, but who may be impacted by its outcome. For example, if a city or town is involved in a suit and the decision by
the Court of Appeals could affect not just that city or town, but could affect cities and towns statewide, the city or town may ask the League to file an amicus
brief on its behalf. The amicus brief will be in addition to the city or town's own brief.
The League recently filed an amicus brief with the Arizona Court of Appeals at the request of the City of Flagstaff. In this case, although Flagstaff is the
direct party, the decision by the Court of Appeals could negatively affect cities and towns throughout Arizona, and the League wanted to ensure their interests
were represented.
The City of Flagstaff is being sued by Bonito Partners, LLC over a Flagstaff sidewalk ordinance. The ordinance requires a property owner to repair a sidewalk
that abuts the property if notified by the City that the sidewalk is in bad condition. The League argued that it is within the power of a city or town to provide
for the health and safety of its citizens through the proper exercise of a city or town's police power. The brief argued that maintaining safe sidewalks is
clearly within that power. One reason the League thought it was important to file an amicus brief in this case is that several cities and towns have ordinances
similar to Flagstaff's and if the court rules against the City, it would put the other ordinances at risk and limit the ability of cities and towns to keep its
citizens safe.
This case is currently pending at the Arizona Court of Appeals. Whichever party loses at the Court of Appeals may appeal to the Arizona Supreme Court. If you
would like more information on this case, or the process for requesting assistance from the League in filing an amicus brief, contact Joni Hoffman, League General
Counsel.
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League of Arizona Cities and Towns
1820 W. Washington St.
Phoenix, AZ 85007
Phone: 602-258-5786
Fax: 602-253-3874
http://www.azleague.org
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