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SULPHUR SPRINGS VAL. ELEC. COOP. v. CITY OF TOMBSTONE

No. 7622 PR.

99 Ariz. 110 (1965)

407 P.2d 76

SULPHUR SPRINGS VALLEY ELECTRIC COOPERATIVE, INC., a public service corporation, and Sid Wilson, a taxpayer, individually, and on behalf of all other persons similarly situated, Appellants, v. The CITY OF TOMBSTONE, a Municipal Corporation, and Walter C. Foster, Lawrence D. McCabe, Sanford Taylor, J.M. Holzhauser and W.J. Meyer, Mayor and Common Council of the City of Tombstone, a Municipal Corporation, and Arizona Public Service Company, a corporation, Appellees.

Supreme Court of Arizona, En Banc.

November 3, 1965.

Attorney(s) appearing for the Case

Gentry & McNulty, Bisbee, for appellants.

Earl H. Carroll, Phoenix, special counsel for City of Tombstone.

Roger W. Perry and Nicholas H. Powell, of Snell & Wilmer, Phoenix, for appellee Arizona Public Service Co.

STRUCKMEYER, Vice Chief Justice.

This cause arises out of an action by Sulphur Springs Valley Electric Cooperative, Inc., and Sid Wilson, a taxpayer, for a permanent injunction against the City of Tombstone, a municipal corporation, and the Mayor and the Members of the Common Council thereof, to enjoin the sale and transfer of the natural gas and electric distribution systems owned by Tombstone. The Arizona Public Service Company intervened and, after trial, judgment...

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