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McCUNE v. CITY OF PHOENIX

No. 6354.

83 Ariz. 98 (1957)

317 P.2d 537

Walker McCUNE and Barbara N. McCune, his wife, and Martha A. Sturdevant Harpst, Appellants, v. The CITY OF PHOENIX, a municipal corporation, Jack Williams, as Mayor of the City of Phoenix, V.A. Cordova, Dr. Joseph Madison Greer, G. Wesley Johnson, David P. Jones, Faith I. North, and Clarence Shivvers, as councilmen of the City of Phoenix, Ray W. Wilson, as city manager of the City of Phoenix, John E. Burke, as city clerk of the City of Phoenix, Phoenix Newspapers, Inc., a corporation, and Henry R. Kiel, as editor and publisher of the Arizona Weekly Gazette, a division of Phoenix Newspapers, Inc., Appellees.

Supreme Court of Arizona.

November 5, 1957.

Attorney(s) appearing for the Case

Botsford & Turner, Scottsdale, for appellants.

William C. Eliot, City Atty., and George Mariscal, John F. Mills and Dale E. Marenda, Asst. City Attys., Phoenix, for appellees.

WINDES, Justice.

Suit was filed by the appellants (plaintiffs below) to enjoin the appellees (defendants below) from annexing certain territory to the city of Phoenix. After trial judgment was rendered for the defendants and plaintiffs appeal, contending that the trial court's judgment is erroneous for the reasons that the petition seeking annexation was not signed by the owners of fifty percent of the property valuation...

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