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SENDE VISTA WATER CO., INC. v. CITY OF PHOENIX

No. 1 CA-CIV 4637.

127 Ariz. 42 (1980)

617 P.2d 1158

SENDE VISTA WATER COMPANY, INC., an Arizona Corporation, Plaintiff-Appellee, v. CITY OF PHOENIX, a Municipal Corporation; Margaret Hance, Joy W. Carter, William C. Donahue, Calvin Goode, Rosendo Gutierrez, Ken O'Dell, Amy T. Worthen, Marvin Andrews, Art Vondrick, Presley of Arizona, an Arizona Corporation, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 18, 1980.

Review Denied October 7, 1980.

Attorney(s) appearing for the Case

Hughes & Hughes, P.C. by John C. Hughes, Phoenix, for plaintiff-appellee.

Stephens & Toles, P.C. by Bill Stephens, Martha B. Kaplan, Carol Benyi, and Carmichael, McClue & Powell, P.C. by Donald W. Powell, Phoenix, for defendants-appellants City of Phoenix and Councilmembers.

Pavilack, Spack & Mulchay, P.C. by J. Robert Stark, Scottsdale, for defendant-appellant Presley of Arizona.

OPINION

O'CONNOR, Judge.

Appellants have appealed from a summary judgment granted in favor of appellee which permanently enjoined appellants from providing water to customers in the area covered by appellee's certificate of convenience and necessity, and which declared void a contract between appellant City of Phoenix and appellant Presley of Arizona. This court has jurisdiction pursuant to A.R.S. § 12-2101.

Appellee was granted a certificate...

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