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SANITARY DISTRICT NO. 1 OF PIMA COUNTY v. STATE EX REL. WILLEY

No. 2 CA-CIV 17.

1 Ariz. App. 45 (1965)

399 P.2d 179

SANITARY DISTRICT NO. 1 OF PIMA COUNTY, Arizona, and City of Tucson, a municipal corporation, Appellants, v. STATE of Arizona ex rel. William E. WILLEY, State Highway Engineer, Appellee.

Court of Appeals of Arizona.

February 24, 1965.

Attorney(s) appearing for the Case

Chandler, Tullar, Udall & Richmond, by James L. Richmond, Tucson, for appellant Sanitary District No. 1.

Calvin Webster, City Atty., Tucson, for appellant City of Tucson.

Robert W. Pickrell, Former Atty. Gen., Darrell F. Smith, Atty. Gen., by J. Mercer Johnson, Sp. Asst. Atty. Gen., Tucson, for appellee.

MOLLOY, Judge.

This case arises out of a controversy between the State of Arizona, the Sanitary District No. 1 of Pima County, Arizona, and the City of Tucson as to which of these public agencies should pay for the cost of relocating a sewer line, the relocation of which is made necessary by highway construction.

The lower court rendered judgment in favor of the State requiring both defendants, and each of them, to "remove" from the right-of-way of the State...

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