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CITY OF SCOTTSDALE v. McDOWELL MT. IRR. & D. DIST.

No. 10011.

107 Ariz. 117 (1971)

483 P.2d 532

CITY OF SCOTTSDALE, a municipal corporation; League of Cities and Towns, an association; Herb G. Caywood, as a taxpayer of Maricopa County, Arizona, Appellants, v. McDOWELL MOUNTAIN IRRIGATION AND DRAINAGE DISTRICT, a purported irrigation district; Board of Supervisors of Maricopa County and L. Alton Riggs, Barney Burns, and William Andrews, as members of and as constituting the Board of Supervisors of Maricopa County, State of Arizona, and Rhea Woodall, as Clerk of said Board of Supervisors, Appellees.

Supreme Court of Arizona, In Banc.

March 30, 1971.

Attorney(s) appearing for the Case

Snell & Wilmer by Mark Wilmer, Phoenix, Johnson, Shelley, Roberts & Riggs by J. LaMar Shelley, Mesa, Richard E. Filler, City Atty., City of Scottsdale, Scottsdale, for appellants.

B. Wells O'Brien, Gen. Counsel, McDowell Mountain Irrigation Dist., Ryley, Carlock & Ralston, Sp. Counsel, Phoenix, Wilson, Jones, Morton & Lynch, Sp. Counsel, San Mateo, Cal., Lesher & Scruggs, Sp. Counsel by Robert O. Lesher, Tucson, Albert I. Firestein, Deputy County Atty., Phoenix, for appellees.

WILLIBY E. CASE, Jr., Judge of the Court of Appeals.

This is an appeal from an order granting appellees' motion for summary judgment in an action wherein appellants sought to test the validity of the organization of the McDowell Mountain Irrigation and Drainage District (hereinafter referred to as the District).

Two issues are presented on appeal. First, do any or all of the appellants have standing to test the validity of the District's organization? Second...

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