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WEITZ v. DAVIS

No. 8884-PR.

102 Ariz. 40 (1967)

424 P.2d 168

Herman WEITZ, Sofia Weitz, and Belle Berenstein, Appellants, v. Lew DAVIS, Individually, and as Mayor of the City of Tucson, James Kirk, Thomas J. Rallis, James M. Corbett, Jr., M.J. Southard, Kirk Storch and G. Freeman Woods, Individually and as members of the City Council of the City of Tucson, V.M. Tregonis, Individually and as City Engineer of the City of Tucson, and the City of Tucson, a municipal corporation, Appellees. Samuel O. WITT and Winifred Q. Witt, his wife, Appellants, v. CITY OF TUCSON, a municipal corporation, Appellee. Herman WEITZ, Sofia Weitz, Belle Berenstein, and Shopping Centers, Inc., an Arizona corporation, Appellants, v. Lew DAVIS, individually and as Mayor of the City of Tucson, James Kirk, Thomas J. Rallis, James M. Corbett, Jr., M.J. Southard, Kirk Storch and G. Freeman Woods, individually and as members of the City Council of the City of Tucson, V.M. Tregonis, individually and as City Engineer of the City of Tucson, and the City of Tucson, a municipal corporation, Appellees.

Supreme Court of Arizona. In Banc.

Rehearing Denied March 28, 1967.

Attorney(s) appearing for the Case

Lesher, Scruggs, Rucker, Kimble and Lindamood, by D. Thompson Slutes, Tucson, for appellants.

Gordon S. Kipps, City Atty., Dwight E. Eller, Asst. City Atty., Tucson, for appellees.

UDALL, Justice.

Plaintiffs in three civil actions consolidated for trial challenged the methods of assessments for improvements made by the City of Tuscon against the plaintiffs' properties. Plaintiffs sought to recover monies paid under protest pursuant to said improvement assessments and a reassessment on a frontage basis. The case was submitted for the decision of the trial court on the basis of depositions taken and certain documentary evidence admitted by stipulation...

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