CITIZENS UTILITIES WATER CO. v. SUPERIOR COURT

No. 10726.

108 Ariz. 296 (1972)

497 P.2d 55

CITIZENS UTILITIES WATER COMPANY of Arizona, an Arizona corporation, Petitioner, v. The SUPERIOR COURT of the State of Arizona IN AND FOR the COUNTY OF PIMA et al., Respondents.

Supreme Court of Arizona, In Banc.

Rehearing Denied June 13, 1972.


Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes by Lex J. Smith and Earl Carroll, Phoenix, for petitioner.

Herbert E. Williams, City Atty., by Richard H. Day, Asst. City Atty., Chandler, Tullar, Udall & Richmond by Thomas Chandler, Rose Silver, Pima County Atty., Tucson, for respondents.


HAYS, Chief Justice.

Petitioner in this court, Citizens Utilities Water Company, hereinafter referred to as "Citizens" or "the company," was the defendant below, in an action by the City of Tucson to condemn all of the company's properties in Pima County. Respondent, City of Tucson, was the plaintiff below and is the real party in interest in this court.

The complaint alleged that an election was held, in which the...

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