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CITY OF PHOENIX v. SUPERIOR COURT

No. 1 CA-SA 88-144.

158 Ariz. 214 (1988)

762 P.2d 128

CITY OF PHOENIX, a municipal corporation, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable Joseph D. Howe, a judge thereof, Respondent Judge. LAIDLAW WASTE SYSTEMS, INC., a foreign corporation; Heemstra & Slager, Inc., an Arizona corporation, dba Arizona Waste services; Sunrise Disposal Services, Inc., an Arizona corporation; Harry Thurston and John Steele, Real Parties in Interest.

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

September 27, 1988.

Attorney(s) appearing for the Case

Roderick G. McDougall, Phoenix City Atty. by Larry F. Felix, Asst. Chief Counsel, Phoenix and Meyer, Hendricks, Victor, Osborn & Maledon, P.A. by Andrew D. Hurwitz, John A. LaSota, Jr. and Dawn L. Dauphine, Phoenix, for petitioner.

J. LaMar Shelley, Mesa, amicus curiae League of Arizona Cities and Towns.

Gervais R. Grand, Phoenix, amicus curiae Citizens for Annexation of the Northeast Valley (CFANV).

Friedeman, O'Leary & Nomura by John Friedeman, Phoenix, for real parties in interest.

OPINION

JACOBSON, Judge.

The City of Phoenix petitions for special action relief from the trial court's preliminary injunction enjoining the City from enforcing or implementing its annexation of an unincorporated area of approximately 10 square miles northeast of Phoenix. The trial court granted the injunction after finding that the City's annexation would result in a "taking" of the business interests of three private garbage collection services without just...

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