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EL PASO NAT. GAS. CO. v. STATE

No. 13932.

123 Ariz. 219 (1979)

599 P.2d 175

EL PASO NATURAL GAS COMPANY, a Delaware Corporation, Appellant, v. STATE of Arizona, Bart Fleming, State Treasurer of Arizona, State Tax Commission of Arizona and Waldo Dewitt and Robert Kennedy, Members of and Constituting the State Tax Commission of Arizona, Department of Revenue of Arizona, Richard B. Howland, Director of Department of Revenue of Arizona, Apache County, Lavere O. Connolly, Treasurer of Apache County, Cochise County, Louise E. Peters, Treasurer of Cochise County, Coconino County, Rose Stacy, Treasurer of Coconino County, Gila County, William V. Cunningham, Treasurer of Gila County, Graham County, Evelyn Hughes, Treasurer of Graham County, Greenlee County, Kittie Potter, Treasurer of Greenlee County, Maricopa County, Glenn O. Stapley, Treasurer of Maricopa County, Mohave County, Grace Marlow, Treasurer of Mohave County, Navajo County, Raymond H. Randall, Treasurer of Navajo County, Pima County, James Lee Kirk, Treasurer of Pima County, Pinal County, Jim L. Turnbull, Treasurer of Pinal County, Santa Cruz County, Oscar H. Islas, Treasurer of Santa Cruz County, Yavapai County, Paul J. Wedepohl, Treasurer of Yavapai County, Yuma County, and Billy F. Walker, Treasurer of Yuma County, Appellees.

Supreme Court of Arizona, En Banc.

Rehearing Denied September 6, 1979.

Attorney(s) appearing for the Case

Bilby, Shoenhair, Warnock & Dolph by Harold C. Warnock and Stephen A. Thomas, Tucson, for appellant.

Bruce E. Babbitt, former Atty. Gen., Robert K. Corbin, Atty. Gen. by Mary Z. Chandler, Asst. Atty. Gen., Phoenix, for appellees.

Beer & Kalyna by Donald P. Roelke, Phoenix, for appellee Stapley.

HAYS, Justice.

At issue in this case is the legality of two appropriations passed by the legislature and the consequent effect on the state property tax rate. We have jurisdiction pursuant to 17A A.R.S. Rules of the Supreme Court, rule 47(e)(5).

Plaintiff-appellant, El Paso Natural Gas Company, Inc. (El Paso), brought suit pursuant to A.R.S. § 42-204 to recover $990,659.23 of taxes, half of which were paid under protest. Defendant-appellees are the state...

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