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BOARD OF REGENTS OF UNIVERSITIES, ETC. v. CITY OF TEMPE

No. 7002.

88 Ariz. 299 (1960)

356 P.2d 399

BOARD OF REGENTS OF the UNIVERSITIES AND STATE COLLEGE of Arizona, Appellant, v. CITY OF TEMPE, a municipal corporation; Hugh E. Laird, its Mayor; Rudolph E. Campbell; Francis N. Connolly; L. Alton Riggs; Clyde E. Gililland; Arthur L. Livingston; Dr. Ross R. Rice, members of and comprising its City Council; A.L. Bunger, its City Manager, E.M. Barbre, the City Clerk; Paul Wykoff, the City Building Inspector; Samuel Kees, City Magistrate; E. Worth Farley, its Chief of Police, and William Barnes, its City Attorney, Appellees.

Supreme Court of Arizona.

Rehearing Denied November 15, 1960.

Attorney(s) appearing for the Case

Wade Church, Atty. Gen., Leslie C. Hardy, Chief Asst. Atty. Gen., Stanley Z. Goodfarb, Asst. Atty. Gen., and J. Byron McCormick, Tucson, Advisor to Bd. of Regents, on the brief, for appellant.

William Barnes, City Atty., Lewis, Roca, Scoville, Beauchamp & Linton, by W.E. Patterson and John P. Frank, Phoenix, for appellees.

League of Arizona Cities and Towns, amici curiae.

BERNSTEIN, Justice.

Appellant Board of Regents of the Universities and State College of Arizona (hereinafter called the "Board" or "Board of Regents") appeals from a judgment of the Superior Court of Maricopa County denying its prayer for injunctive relief against the City of Tempe and officials thereof.

The record shows that the Board of Regents is engaged in an extensive construction and remodeling program to provide the buildings and other facilities necessary...

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