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FRY v. MAYOR AND CITY COUNCIL OF SIERRA VISTA

No. 2 CA-CIV 762.

11 Ariz. App. 490 (1970)

466 P.2d 41

E. FRY, Appellant, v. The MAYOR AND CITY COUNCIL OF SIERRA VISTA, Arizona, and the City of Sierra Vista, a municipal corporation of Cochise County, Arizona, and the Employees and Agents of said City of Sierra Vista, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 14, 1970.

Review Denied May 19, 1970.

Attorney(s) appearing for the Case

Gentry, McNulty, Toci & Borowiec, by James F. McNulty, Jr. and Matthew W. Borowiec, Bisbee, for appellant.

Fred P. Talmadge, City Atty., for City of Sierra Vista, and J. Mercer Johnson, Special Counsel, Tucson, for appellees.

HOWARD, Chief Judge.

This appeal presents for review a judgment in favor of the appellees (hereinafter referred to as defendants) ordering dismissal of appellant's (hereinafter referred to as plaintiff) petition challenging the validity of an annexation by the City of Sierra Vista.

The grounds for plaintiff's challenge was that the annexation petition was signed by the owners of less than one-half the value of the real and personal property subject to taxation...

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