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TOWN OF PARADISE VALLEY v. ACKER

No. 7395.

100 Ariz. 62 (1966)

411 P.2d 168

The TOWN OF PARADISE VALLEY, Arizona, Patrick C. Downey, Helen E. Marston, Mrs. Harold Holcomb, Robert Temple, Sterling Hebbard, Irvin Miller, and Henry Kiel, Appellants and Cross-Appellees, v. Alfred ACKER and Wilma Acker, his wife, Appellees and Cross-Appellants.

Supreme Court of Arizona. En Banc.

February 16, 1966.

Attorney(s) appearing for the Case

John E. Madden, John S. Schaper, Phoenix, for appellants and cross-appellees.

Roe & Petsch, Scottsdale, for appellees and cross-appellants.

Darrell F. Smith, Atty. Gen., Robert W. Pickrell, former Atty. Gen., Jerry W. Lawson, former Asst. Atty. Gen., amicus curiae.

SHELLEY, Superior Court Judge.

Appellees and cross-appellants Alfred Acker and Wilma Acker, his wife, the owners of certain real property in Maricopa County, Arizona, brought this action to prevent its annexation to the Town of Paradise Valley. The case was tried in the court below upon Ackers' application for preliminary injunction and resulted in a judgment in favor of the Ackers. The effect of the judgment was to void the annexation. Appellants and cross-appellees...

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