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CITY OF SCOTTSDALE v. MUNICIPAL COURT OF TEMPE

No. 7431.

90 Ariz. 393 (1962)

368 P.2d 637

CITY OF SCOTTSDALE, a municipal corporation, and Fisher Contracting Co., an Arizona corporation, Petitioners, v. MUNICIPAL COURT OF the CITY OF TEMPE and Honorable Samuel Kee, a Magistrate of said Municipal Court, Respondent.

Supreme Court of Arizona. En Banc.

January 31, 1962.

Attorney(s) appearing for the Case

Snell & Wilmer, Phoenix, for petitioners.

William G. Barnes, City Atty., Tempe, for respondent.

STRUCKMEYER, Justice.

This is an action by the City of Scottsdale and the Fisher Contracting Co., a corporation, seeking to prohibit the Municipal Court of the City of Tempe from enforcing its zoning ordinance and building code against certain property on which Scottsdale is attempting to construct a sewage disposal plant.

Scottsdale has for some years past owned and operated a sewage plant on a plot of ground near the bed of the Salt River in Maricopa County...

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