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RURAL/METRO FIRE DEPT., INC. v. PIMA CTY.

No. 2 CA-CIV 3140.

122 Ariz. 554 (1979)

596 P.2d 389

RURAL/METRO FIRE DEPT., INC., an Arizona Corporation, Rural Fire Dept., Inc., an Arizona Corporation, and Stephen Kern, an Individual, Plaintiffs-Appellants, v. PIMA COUNTY, a Body Politic and Political Subdivision of the State of Arizona, Flowing Wells Volunteer Fire Department, Inc., a Purported Arizona Corporation, and Flowing Wells Volunteer Fire District, a Purported Body Politic, Defendants-Appellees.

Court of Appeals of Arizona, Division 2.

June 5, 1979.

Attorney(s) appearing for the Case

Law Offices of Louis G. Jekel by Louis G. Jekel, Scottsdale, for plaintiffs-appellants.

Stephen D. Neely, Pima County Atty. by John R. Neubauer, Tucson, for defendants-appellees Pima County and Flowing Wells Volunteer Fire Dist.

Newkirk & Beren, P.C. by Peter Beren, Tucson, for defendant-appellee Flowing Wells Volunteer Fire Dept., Inc.

OPINION

RICHMOND, Chief Judge.

The question on this appeal from a summary judgment in favor of defendants is whether the annexation of certain property to a volunteer fire district had been completed at the time plaintiffs commenced an action attacking its validity.

The complaint filed May 4, 1978, alleges that plaintiff Kern is a qualified elector of the territory which was the subject of the annexation...

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