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CITY OF PHOENIX v. TOWN OF CAVE CREEK

No. 1 CA-CV 89-494.

167 Ariz. 227 (1990)

805 P.2d 1048

CITY OF PHOENIX, a municipal corporation, Petitioner-Appellant, v. TOWN OF CAVE CREEK, a municipal corporation, Respondent-Appellee.

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

Review Denied March 5, 1991.

Attorney(s) appearing for the Case

Office of the City Atty. by Roderick G. McDougall, Larry F. Felix, Phoenix, for petitioner-appellant.

Ryley, Carlock & Applewhite, P.A. by William E. Farrell, G. Read Carlock, Phoenix, for respondent-appellee.

OPINION

GERBER, Judge.

This case presents the issue whether Arizona's annexation statute, A.R.S. § 9-471, requires signatures on a petition for annexation to be owners of land valued at its assessed or its full cash value. We hold that the statute requires the signatures of the owners of over half the assessed value.

FACTS

In 1989 a group of landowners petitioned the Town of Cave Creek to be annexed. The area of proposed annexation bordered...

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