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SANTA CRUZ IRRIGATION DISTRICT v. CITY OF TUCSON

No. 10559.

108 Ariz. 152 (1972)

494 P.2d 24

SANTA CRUZ IRRIGATION DISTRICT, a Municipal Corporation, Petitioner, v. The CITY OF TUCSON, a Municipal Corporation, et al.; The Honorable Joe JACOBSON, Judge of the Superior Court, Pima County, Arizona, Division II, Real Parties in Interest, Respondents.

Supreme Court of Arizona, In Banc.

March 1, 1972.

Attorney(s) appearing for the Case

Wolfe, Greer & Mustacci by David K. Wolfe, Tucson, for petitioner.

Herbert E. Williams, City Atty. by Richard H. Day, Asst. City Atty., Tucson, for respondents The City of Tucson and Frank Brooks.

Murphy, Vinson & Hazlett by James M. Murphy, Tucson, for respondents Rosens and Brophys.

Jennings, Strouss & Salmon by James A. Riggins, Jr., and Riney B. Salmon II, Phoenix, for amicus curiae Maricopa County Municipal Water Conservation Dist. No. 1.

STRUCKMEYER, Justice.

This Special Action was commenced by the Santa Cruz Irrigation District against the City of Tucson and others to enjoin the construction, extension and service of domestic water from Tucson's lines or water system to any portion of a 22-acre tract within the District boundaries. We accepted jurisdiction pursuant to Constitution of Arizona, Article VI, § 4, A.R.S., and ordered a stay in all actions pending in the Superior Court of Pima County...

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