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MAGMA FLOOD CONTROL DISTRICT v. PALMER

No. 2 CA-CIV 274.

4 Ariz. App. 137 (1966)

418 P.2d 157

MAGMA FLOOD CONTROL DISTRICT, a municipal corporation, Appellant, v. Clayton D. PALMER, Appellee.

Court of Appeals of Arizona.

Rehearing Denied October 27, 1966.

Attorney(s) appearing for the Case

Thomas E. Johnson and Harry Bagnall, Coolidge, for appellant.

Johnson, Shelley, Roberts & Riggs, by J. LaMar Shelley, Mesa, for appellee.

Cox & Johnson, by Donald C. Cox, Eloy, for Green Reservoir Flood Control District and Florence Area Watershed Flood Control District, amicus curiae.

Rawlins, Ellis, Burrus & Kiewit, by William D. Baker, Phoenix, for Maricopa Flood Control District, Stanfield Flood Control District and Picacho Flood Control District, amicus curiae.

MOLLOY, Judge.

This is an appeal from a judgment dismissing a condemnation action brought by the Magma Flood Control District seeking to acquire certain real property for the purpose of erecting dikes, dams and diversion structures for the purpose of providing flood control within the district. The judgment in the lower court is expressly predicated upon the holding that certain sections of our statutory code pertaining to flood control districts were repealed by...

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