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DAVIS v. BRITTAIN

No. 6728.

92 Ariz. 20 (1962)

373 P.2d 340

David C. DAVIS, J.W. Spray and Jay Bateman, members of and constituting the Board of Supervisors of Pinal County, Arizona, Appellants, v. D.R. BRITTAIN, John O. Combs and J.G. Waggoner, on behalf of Petitioners, Appellees. In the Matter of the Petition of Certain Freeholders for the Formation of an Electrical District in Pinal and Maricopa Counties, Arizona.

Supreme Court of Arizona. En Banc.

As Corrected July 13, 1962.

Rehearing Denied September 18, 1962.

Attorney(s) appearing for the Case

T.J. Mahoney, Former County Atty., Pinal County, E.D. McBryde, County Atty., Pinal County, Beverly J. McConnell, Sp. Asst. County Atty., Pinal County, for appellants.

Stokes, Bagnall & Moring, Collidge, and Kramer, Roche, Burch & Streich, Phoenix, for appellees.

Nicholas H. Powell, Perry Ling and Snell & Wilmer, Phoenix, for Arizona Public Service Co., amicus curiae.

Darnell, Holesapple, McFall & Spaid, Tucson, and Jennings, Strouss, Salmon & Trask, Phoenix, for Tucson Gas, Electric Light & Power Co., amicus curiae.

Evans, Kitchel & Jenckes, Phoenix, for Citizens Utilities Co., amicus curiae.

Wolfe & Beeks, Tucson, for petitioners in Pima County, amicus curiae.

Rawlins, Davis, Ellis, Burrus & Kiewit, Phoenix, for Electrical District No. Three, Pinal County, Arizona and Electrical District No. Four, Pinal County, Arizona, amicus curiae.

A. Van Wagenen Jr., Phoenix, for Electrical District No. Two, Pinal County, Arizona and Electrical District No. Five, Pinal County, Arizona, amicus curiae.

LOCKWOOD, Justice.

This is the decision upon rehearing of the case originally decided by this court on December 30, 1960 and reported in 89 Ariz. 89, 358 P.2d 322.

In 1957 landowners in the "Queen Creek Area" of Arizona's Pinal and Maricopa Counties petitioned the Pinal County Board of Supervisors (hereafter called the Board) to organize an electrical district. It is undisputed that: the...

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