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TUCSON ELEC. v. ROUND VALLEY SCHOOL D.

No. 2 CA-CV 89-0185.

163 Ariz. 532 (1990)

789 P.2d 399

TUCSON ELECTRIC POWER COMPANY, Valencia Energy Company, and San Carlos Resources, Inc., Arizona corporations, Plaintiffs/Appellants, v. ROUND VALLEY UNIFIED SCHOOL DISTRICT NO. 10 OF APACHE COUNTY, a school district, Apache County, a body politic and corporate, Lavere O. Connolly, as Treasurer of Apache County, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

March 8, 1990.

Attorney(s) appearing for the Case

Fennemore Craig by James Powers and John N. McKeegan, Phoenix, for plaintiffs/appellants.

DeConcini McDonald Brammer Yetwin & Lacy by John R. McDonald, Tucson, and Gust, Rosenfeld & Henderson by Fred H. Rosenfeld, Phoenix, for defendants/appellees.

Apker, Apker, Haggard & Kurtz by Burton M. Apker, Jerry L. Haggard and Gerrie Apker Kurtz, Phoenix, for amicus curiae The Arizona Tax Research Ass'n.

Shelley & Bethea by J. LaMar Shelley, Mesa, for amicus curiae League of Arizona Cities and Towns.

OPINION

LIVERMORE, Presiding Judge.

On May 19, 1987, voters in defendant Round Valley Unified School District voted on four bond propositions: $9.5 million for renovation and construction in Springerville, $5 million for a new school in Eagar, $11 million for a domed athletic facility ("the Dome") at the high school, and $3.5 million for a new high school gymnasium. All four measures passed. However, because the voters had been informed on the ballot that...

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