KELLEY v. TIMS

No. 1 CA-CIV 536.

7 Ariz. App. 403 (1968)

440 P.2d 39

Stanley M. KELLEY, on behalf of himself as a Policeman and a Taxpayer of the City of Scottsdale and all others similarly situated, Appellant, v. B.L. TIMS, Doris McCauley, John L. Senini, Charles K. Murray, Leonard Johnson, William Jenkins and R.L. Jones, acting as the City Council of the City of Scottsdale, a municipal corporation of the State of Arizona, Appellees.

Court of Appeals of Arizona.

Rehearing Denied May 16, 1968.

Review Granted July 2, 1968.


Attorney(s) appearing for the Case

Donald Maxwell, Scottsdale, for appellant.

Richard R. Filler, City Atty., Scottsdale, for appellees.

Hughes, Hughes & Conlan, by John C. Hughes, Phoenix, amicus curiae.

The League of Arizona Cities and Towns by J. LaMar Shelley, Gen. Counsel, Mesa, amicus curiae.

Of counsel:

Roy B. Skaggs, II, Town Atty., Town of Benson.

Walter J. Reynolds, Jr., City Atty., City of Chandler.

J. Kendall Hansen, Town Atty., St. Johns, Town of Eagar.

H. Karl Mangum, City Atty., City of Flagstaff.

Kenyon Udall, Town Atty., Town of Gilbert.

Frank E. Tippett, City Atty., City of Globe.

James B. Greenwood, Town Atty., Bisbee, Town of Huachuca City.

O.E. Everett, City Atty., City of Kingman.

J. LaMar Shelley, City Atty., City of Mesa.

Nasib Karam, City Atty., City of Nogales.

William H. Rehnquist, Town Atty., Phoenix, Town of Paradise Valley.

Alvin Moore, Town Atty., Phoenix, Town of Parker.

Robert J. Backstein, City Atty., City of Phoenix.

Alvin F. Krupp, City Atty., City of Safford.

J. Kendall Hansen, City Atty., City of St. Johns.

Dennis I. Davis, City Atty., City of Show Low.

Fred P. Talmadge, City Atty., City of Sierra Vista.

Frank Stanlis, Town Atty., Town of Wickenburg.

Stuart C. Willoughby, City Atty., City of Willcox.

Larry E. Mills, City Atty., City of Williams.


STEVENS, Judge.

The appellant seeks to require the City of Scottsdale, a City with a present population in excess of 20,000 inhabitants, to take the steps necessary to place the police officers of the City of Scottsdale under the protective mantle of the Police Pension Act of the State of Arizona. The action was instituted in the Superior Court for Maricopa County which ruled in favor of the City of Scottsdale. During the pendency of the appeal leave was granted to...

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