BARBEE v. HOLBROOK

No. 6870.

91 Ariz. 263 (1962)

371 P.2d 886

J.G. BARBEE, John W. Phillips, W.J. MacGregor and Alston R. Whitfield, Appellants, v. K.R. HOLBROOK, Gilbert Soto, Edward Bayze, Jr., as members of the Board of Supervisors of Santa Cruz County, Arizona; and Robert Morrison, as Attorney General of Arizona, Appellees.

Supreme Court of Arizona, En Banc.

May 23, 1962.


Attorney(s) appearing for the Case

Stokes, Bagnall & Moring, Coolidge, for appellants.

Wade Church, Atty. Gen., Stanley Z. Goodfarb, Asst. Atty. Gen., for appellees.


STRUCKMEYER, Justice.

This cause was instituted by appellants as plaintiffs in the court below seeking a declaratory judgment adjudicating that Chapter 64 of the Twenty-third Legislature. Second Regular Session, 1958 was unconstitutional and void. From an adverse judgment this appeal was perfected on the following stipulated facts:

In the fiscal year 1955-1956 defendants were the duly elected and qualified supervisors of the County of Santa Cruz, Arizona....

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