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STATE v. TOWN OF BENSON, COCHISE COUNTY

No. 7514.

95 Ariz. 107 (1963)

387 P.2d 807

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, En Banc.

December 19, 1963.

Attorney(s) appearing for the Case

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

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

STRUCKMEYER, Justice.

This action was brought to test the validity of the annexation of certain territory by the Town of Benson in Cochise County, Arizona. We held in State ex rel. Helm v. Town of Benson, 94 Ariz. 75, 381 P.2d 760, that the town council had no jurisdiction to enact the annexation ordinance in question and that the ordinance was void.

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