PIMA COUNTY v. SUPERIOR COURT IN & FOR CTY. OF PIMA

No. 12523-PR.

113 Ariz. 221 (1976)

550 P.2d 92

PIMA COUNTY, a body politic, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, the Honorable Jack T. Arnold, Judge thereof, Milton C. STANFILL and Patricia J. Stanfill, husband and wife, Carl C. Noel and Dochiam Noel, husband and wife, Ralph G. Elrod and Lucille L. Elrod, husband and wife, T.E. Moore and Lois Moore, husband and wife, Floyd A. Phillips, Sr., and Ruby M. Phillips, husband and wife, James D. Raney and Ella D. Raney, husband and wife, William E. Raney and Bernice M. Raney, husband and wife, Claude H. Whitby and Juanita J. Whitby, husband and wife, Stewart Title and Trust as Trustee under Trust No. 0683, real parties in interest, Respondents.

Supreme Court of Arizona, En Banc.

Rehearing Denied June 29, 1976.


Attorney(s) appearing for the Case

Everett, Bury & Moeller, P.C. by David C. Bury, Tucson, for petitioner.

Miller, Pitt & Feldman, P.C. by James R. Figliulo, Tucson, for respondents real parties in interest.


HAYS, Justice.

This matter came to us on a petition for review which sought relief from a decision rendered by the Court of Appeals. We granted the petition. The opinion of the Court of Appeals, 25 Ariz.App. 537, 544 P.2d 1138 (1976), is vacated.

In February of 1972 three plaintiffs not parties to the special action brought before Division Two of the Court of Appeals, filed a complaint...

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