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CITY OF CASA GRANDE v. TUCKER

No. 2 CA-CV 90-0223.

169 Ariz. 143 (1991)

817 P.2d 947

CITY OF CASA GRANDE, Plaintiff/Appellee, v. John TUCKER, Defendant/Appellant.

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

Review Denied October 22, 1991.

Attorney(s) appearing for the Case

Michael F. Beers, Casa Grande, for plaintiff/appellee.

Mariscal, Weeks, McIntyre & Friedlander, P.A. by James T. Braselton, Phoenix, for defendant/appellant.

OPINION

FERNANDEZ, Chief Judge.

Appellant John Tucker appeals from the entry of summary judgment in favor of appellee City of Casa Grande declaring that Tucker is subject to sewer capacity fees imposed by the city. Solely because of the position taken by the city in this case, we conclude that appellant is not subject to the fees.

In 1958 Tucker's predecessors in interest, owners of a 160-acre parcel of property in Pinal County, entered into a Contract...

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