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WILLIAMS v. SUPERIOR COURT, IN & FOR CTY. OF PIMA

No. 2 CA-CIV 1031.

15 Ariz. App. 480 (1971)

489 P.2d 854

Governor Jack A. WILLIAMS, Commander-in-Chief, National Guard of Arizona, Petitioner, v. The SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and Sunnyside School District No. 12, real party in interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 9, 1971.

Review Granted December 7, 1971.

Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by John S. O'Dowd, Asst. Atty. Gen., and David I. Kali, Associate Counsel, Tucson, for petitioner.

Rose Silver, Pima County Atty., by Lawrence Ollason, Special Deputy County Atty., Tucson, for respondents.

HOWARD, Judge.

The respondent, Sunnyside School District No. 12, filed a complaint in the Superior Court of Pima County alleging that the Air National Guard of Arizona was flying its aircraft over Sunnyside School at such a height and with such noise as to create a hazard to the students and an interruption of the normal use and reasonable enjoyment of the school facilities. In its prayer for relief in the lower court the respondent asked the court to permanently...

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