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STATE v. TOWN OF BENSON

No. 7514.

94 Ariz. 75 (1963)

381 P.2d 760

The STATE of Arizona, ex rel. Lloyd C. HELM, County Attorney of Cochise County, Appellant, v. TOWN OF BENSON, Cochise County, Arizona, and Fred Becchetti, Russell Moore, Peter Wilharm, Emory Brandt and Dale Augenbaugh, Mayor and Councilmen, respectively of the Town of Benson, Cochise County, Arizona, Appellees.

Supreme Court of Arizona. In Division.

Rehearing Granted July 2, 1963.

Attorney(s) appearing for the Case

Lloyd C. Helm, former Cochise County Atty. Richard J. Riley, Cochise County Atty., Bisbee, for appellant.

J. Mercer Johnson, Tucson, Fred P. Talmadge, Benson, for appellees.

LOCKWOOD, Justice.

Action was brought by appellant, State of Arizona, through Lloyd C. Helm as County Attorney of Cochise County, to declare invalid an annexation of certain territory in Cochise County by the Town of Benson. The complaint alleges that the petition for annexation was not legally presented to the town council before the annexation ordinance was enacted, that it was not signed by the owners of one-half the value of the real and personal property subject...

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