Uni-Bell PVC Pipe Ass'n v. City of Phoenix

MEMORANDUM ***

Uni-Bell PVC Pipe Association (“Uni-Bell”) appeals the district court’s grant of summary judgment to the city of Phoenix, Arizona (“Phoenix”). Phoenix does not allow the use of PVC pipe in its municipal sewer system. Uni-Bell, a trade organization for PVC pipe manufacturers, sued Phoenix to overturn this ban.

The district court held that Uni-Bell had “not presented facts from which a reasonable trier of fact could conclude that Phoenix acted fraudulently, in bad faith, or in an unquestionable abuse of discretion,” and therefore granted Phoenix’s motion *672 for summary judgment. Uni-Bell argues that the court erred in requiring it to show bad faith or an unquestionable abuse of discretion. According to Uni-Bell, “[t]he correct standard is that a municipality abuses its discretion when it acts in a manifestly unreasonable manner or bases its action on untenable grounds.” We review de novo the district court’s grant of summary judgment.

The standards under Arizona law for evaluating legislative decisions, such as the one at issue in this case, have evolved over the years. Older cases apply a variety of deferential standards. See Sulphur Springs Valley Elec. Coop.…