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DESERT WATERS, INC. v. SUPERIOR COURT

No. 7504.

91 Ariz. 163 (1962)

370 P.2d 652

DESERT WATERS, INC., an Arizona corporation, and Nicholas Traficanti and Rose Traficanti, husband and wife, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and Lee Garrett, Judge thereof, Respondents, and The City of Tucson, a municipal corporation, Real Party in Interest.

Supreme Court of Arizona. En Banc.

Rehearing Denied April 24, 1962.

Attorney(s) appearing for the Case

Scruggs & Rucker, Tucson, for petitioners.

H. Earl Rogge, Jr., City Atty., Tucson, for respondent City of Tucson.

Johnson, Darrow, D'Antonio, Hayes & Morales, Tucson, for Home Water Co. and Home Development Co., amici curiae.

Wade Church, Phoenix, for Public Utilities Assn. of Ariz., amicus curiae.

John R. Franks, Phoenix, for City of Phoenix, amicus curiae.

William G. Barnes, Tempe, for City of Tempe, amicus curiae.

Irving H. Bahde, Jr., Phoenix, for City of Glendale, amicus curiae.

J. LaMar Shelley, Mesa, for City of Mesa and League of Ariz. Cities and Towns, amici curiae.

BERNSTEIN, Chief Justice.

This is an original proceeding for a Writ of Prohibition, sought by the petitioner, Desert Waters, Inc. to prohibit the Superior Court of Pima County from issuing an order permitting the City of Tucson to go into immediate possession of the property of petitioner's utility. An alternative Writ of Prohibition was issued by this Court.

At a special election held August 5, 1958, the voters of The City of Tucson approved a proposition...

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