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WHITE v. KAIBAB ROAD IMPROVEMENT DISTRICT

No. 12261-PR.

113 Ariz. 209 (1976)

550 P.2d 80

Edgar F. WHITE, Plaintiff, Appellee and Cross-Appellant, v. KAIBAB ROAD IMPROVEMENT DISTRICT, Robert Stark, B.W. Burns and Henry Haws, constituting the Board of Directors of Kaibab Road Improvement District, Rhea Woodall, Clerk of the Board of Directors of Kaibab Road Improvement District, and Robert Esterbrooks, Superintendent of Streets of Kaibab Road Improvement District, Defendants, Appellants and Cross-Appellees.

Supreme Court of Arizona, In Banc.

May 26, 1976.

Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Henderson by Fred H. Rosenfeld, Jane Rex Greer, Phoenix, for plaintiff, appellee and cross-appellant.

Wilson, Jones, Morton & Lynch by Robert Auwbrey, Ernest A. Wilson, San Mateo, Cal., and Ryley, Carlock & Ralston by Joseph P. Ralston, and Moise Berger, Maricopa County Atty. by David B. Krom, Phoenix, for appellants and cross-appellees.

STRUCKMEYER, Vice Chief Justice.

This suit was brought by Edgar F. White to test the constitutionality of Article 1.1, Chapter 5, Title 11, Arizona Revised Statutes (Chapter 127, Laws of 1971). The Superior Court entered a judgment holding the Act unconstitutional for the reason the title did not express the subject embraced in the body of the Act, and enjoined any action by the Board of Supervisors of Maricopa County pursuant thereto. The Superior Court also held...

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