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STATE EX REL. HERMAN v. ELECTRICAL DISTRICT NO. 2 OF PINAL COUNTY

No. 2 CA-CIV 796.

12 Ariz. App. 222 (1970)

469 P.2d 114

The STATE of Arizona, ex rel., Justin HERMAN, Director, Arizona Highway Department, Appellant, v. ELECTRICAL DISTRICT NO. 2 OF PINAL COUNTY, Arizona, a body corporate, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 9, 1970.

Review Granted July 7, 1970.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by Robert V. Kerrick and Stanley Z. Goodfarb, Asst. Attys. Gen., Phoenix, for appellant.

Lewis, Roca, Beauchamp & Linton, by John P. Frank, Phoenix, for appellee.

HOWARD, Chief Judge.

The appellant, hereinafter referred to as the "State", pursuant to a resolution of the Arizona Highway Commission improving State Highway 287, filed an action against the appellee, hereinafter referred to as the "District", to require the District to remove, at its own expense, its transmission lines and poles from their existing location in the right-of-way of State Highway 287.1

The District defended the...

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