STATE v. DOWNEY

No. 7883.

102 Ariz. 360 (1967)

430 P.2d 122

The STATE of Arizona ex rel. Robert W. PICKRELL, Attorney General of the State of Arizona, Appellant, v. Patrick C. DOWNEY, Mayor, Samuel Hoover, E. Robert Tribkin, Jack F. Jennings, Jack Huntress, Leonard Deehan and George Andress, comprising the members of the Town Council of the Town of Paradise Valley, Appellees.

Supreme Court of Arizona, In Banc.

Rehearing Denied November 14, 1967.


Attorney(s) appearing for the Case

Darrell F. Smith, Atty. Gen., Joseph P. Ralston, Special Asst. Atty. Gen., for appellant.

John E. Madden, (deceased), John S. Schaper, Mark Wilmer, Phoenix, for appellees.


BERNSTEIN, Chief Justice.

This is an action in quo warranto.

On April 14, 1961 a petition to incorporate The Town of Paradise Valley an area of approximately 2.85 square miles in Paradise Valley was filed with the Board of Supervisors of Maricopa County. The Board held a hearing on the validity of the petition May 8, 1961 wherein both proponents and opponents were given opportunity to be heard. On May 24, 1961 the Board passed a resolution declaring the "Town...

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