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FOUNTAIN HILLS CIV. ASS'N v. CITY OF SCOTTSDALE

No. 1 CA-CIV 8658.

152 Ariz. 569 (1986)

733 P.2d 1152

FOUNTAIN HILLS CIVIC ASSOCIATION, INC., a nonprofit corporation acting on behalf of all members of the Association and all others similarly situated; Ruth Collins, Plaintiffs-Appellees, v. CITY OF SCOTTSDALE, an Arizona municipal corporation, Intervenor-Defendant Appellant.

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

Review Denied March 11, 1987.

Attorney(s) appearing for the Case

Carmichael, McClue & Powell, P.C. by Claudia Kroman, Ronald W. Carmichael, Phoenix, for plaintiffs-appellees.

Nick Dottermann, Asst. City Atty., Scottsdale, for intervenor-defendant appellant.

OPINION

GRANT, Judge.

The City of Scottsdale (City), which was permitted to intervene below as a party defendant after the trial court made its decision on the merits, appeals from a judgment ordering the Maricopa County Board of Supervisors to call an election pursuant to A.R.S. § 9-101.03 concerning the proposed incorporation of Fountain Hills. The City also appeals the trial court's order denying its motion for a new trial. We have jurisdiction of...

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