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STATE EX REL. CORBIN v. SABEL

No. 2 CA-CIV 4671.

138 Ariz. 253 (1983)

674 P.2d 316

STATE of Arizona ex rel Robert K. CORBIN, Attorney General of Arizona, Plaintiff/Appellee, v. Marvin SABEL, Mayor; and Mary Boedeker, Albert O. Hamre, William J. Lewallen, Lowell Widler, and Ray A. Yoder, comprising the members of the Town Council of Arizona City, Arizona, a purportedly incorporated Town, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied September 28, 1983.

Review Denied December 13, 1983.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Anthony B. Ching and Toni McClory, Phoenix, for plaintiff/appellee.

Stanfield, McCarville, Coxon & Fitzgibbons by Thomas A. McCarville and Joseph C. Butner III, Casa Grande, for defendants/appellants.

OPINION

BIRDSALL, Judge.

This is an appeal from a summary judgment in favor of the appellee, the State of Arizona, and against the appellants, the mayor and members of the town council of Arizona City, in a quo warranto action challenging the incorporation of Arizona City as a town. We affirm.

In 1981 residents of Arizona City sought to incorporate as a town. They elected to proceed under A.R.S. § 9-101.B, which allows "ten per cent of the qualified...

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