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YAUCH v. STATE, CITY OF TUCSON

No. 11173-PR.

109 Ariz. 576 (1973)

514 P.2d 709

Edgar D. YAUCH and Leota J. Porter, Petitioners, v. STATE of Arizona et al., CITY OF TUCSON, Pima County, Arizona, the Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

September 20, 1973.

Attorney(s) appearing for the Case

John W. Ross, Jr., Tucson, for petitioners.

Herbert E. Williams, Tucson City Atty. by William E. Hildebrandt, Tucson City Prosecutor, Tucson, for respondents.

Messing, Hirsh & Franklin, P.C. by Robert J. Hirsh, George J. Feulner, Jr., Tucson, amicus curiae.

STRUCKMEYER, Justice.

This cause originated as a petition for special action in the Court of Appeals, Division 2. Petitioners were charged and convicted in the city court of Tucson with violating four of its ordinances. They appealed to the Superior Court of Pima County and, after the judge presiding therein denied petitioners' motion to dismiss, this action in the Court of Appeals was brought to declare the four ordinances...

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