BRADEN v. YUMA COUNTY BD. OF SUP'RS

No. 1 CA-CIV 9932.

161 Ariz. 199 (1989)

777 P.2d 697

Forrest A. BRADEN and Margaret Braden, husband and wife; Texas Hill Farms, Inc., an Arizona corporation; Gila Land & Investment Co., an Arizona corporation; Forrest Farms, Inc., an Arizona corporation; Turkey Farms, Inc., an Arizona corporation; Barbara Braden; Carlos Farms, Inc., an Arizona corporation; Vern Hankins and Rosemary Hankins, husband and wife; Virginia Lands, Inc., an Arizona corporation; Bruce Williams and Marna Williams, husband and wife; Hans Holling; Blanca Farms, Inc., an Arizona corporation; San Cristobal Farms, Inc., an Arizona corporation; C.R. Krimminger and Katheryn L. Krimminger, husband and wife; Chukar Farms, Inc., an Arizona corporation; Garden Farming Co., an Arizona corporation; Grano Farming Co., an Arizona corporation; Jerry Lindsey and Sondra Lindsey, husband and wife; Jack Olberding; Leonard Jones; Roland Loudermilk; T.A. Davis; Walter Jaeger; David Nieto; Catherine A. Wilkinson; Frank Grossman; Homer Halvarson; Claude Thatcher; Louise Weber; Joseph L. Hoffman and Shirley Hoffman, husband and wife; Milo Smith and Marguerite Smith, husband and wife, Plaintiffs-Appellants, v. YUMA COUNTY BOARD OF SUPERVISORS and Yuma County Board of Supervisors as the Board of Directors of Special Flood Control District (Zone 3); and the Arizona Department of Revenue, Defendants-Appellees.

Court of Appeals of Arizona Division 1, Department C.

July 20, 1989.


Attorney(s) appearing for the Case

Westover, Choules & Shadle, P.C. by Steve Morgan and A. James Clark, Yuma, for plaintiffs-appellants.

Bowman & Smith, P.C. by William Michael Smith and David S. Ellsworth, Yuma Co. Atty., Yuma, for defendants-appellees.


OPINION

CONTRERAS, Judge.

This appeal concerns the levying of special assessments in connection with the establishment of Zone 3 of the Yuma County Flood Control District. Appellants, landowners within the zone, brought this action challenging the validity of the assessments based on alleged defects in their authorization by the Yuma County Board of Supervisors. Appellants appeal from the trial court's order granting summary judgment in favor of appellees...

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