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ABBOTT v. YUMA COUNTY

No. 1 CA-CV 10-0239.

TONY ABBOTT and KATHLEEN ABBOTT, husband and wife; MARK FELIO and JEAN FELIO, husband and wife; DAVID W. FERRALL; LAWRENCE GARRETT and PEGGY GARRETT, husband and wife; DREW EVAN MILES; DONALD MONTGOMERY and CLAIRE MONTGOMERY, husband and wife; and CINDY WATERS VASQUEZ, individually and on behalf of all persons similarly situated, Plaintiffs/Appellants, v. YUMA COUNTY, ARIZONA, by and through the YUMA COUNTY BOARD OF SUPERVISORS, Its Governing Body, Its Members: Supervisors LENORE LORONA STUART, Dist. 1; RUSSELL MCCLOUD, Dist. 2; KATHRYN "CASEY" PROCHASKA, Dist. 3; MARCO A. "TONY" REYES, Dist. 4; and GREGORY S. FERGUSON, Dist. 5, Defendants/Appellees.

Court of Appeals of Arizona, Division One, Department C.

May 5, 2011.

Attorney(s) appearing for the Case

Don B. Engler, P.C., Yuma, By Don B. Engler , Attorney for Appellants,

Jon R. Smith , Yuma County Attorney, Yuma, By Edward P. Feheley , Deputy County Attorney Attorneys for Appellees

THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24.

MEMORANDUM DECISION

MICHAEL J. BROWN, Judge.

¶1 Plaintiffs, owners of property located within the boundaries of a Yuma County improvement district ("the Owners"), appeal from the superior court's dismissal of their special action complaint. They contend...

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