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JAY v. KREIGH

No. 2 CA-CIV 1305.

20 Ariz. App. 565 (1973)

514 P.2d 736

Thomas S. JAY, Dennis Weaver and James Murphy, each as members of the Board of Supervisors, Pima County Arizona; Pima County Arizona, a body politic, and the Board of Supervisors, Pima County, Arizona, Appellants, v. James D. KREIGH and Steve Engle, as representatives of those certain petition signers for the proposed Town of Oro Valley, Appellees, and the Honorable Herbert E. Williams, City Attorney of the City of Tucson, Amicus Curiae.

Court of Appeals of Arizona, Division 2.

Review Granted December 4, 1973.

Attorney(s) appearing for the Case

Robert N. Hillock, Sp. Counsel to the Board of Supervisors, Tucson, for appellants.

Johnson, Hayes & Dowdall, Ltd. by John G. Stompoly, Tucson, for appellees.

Herbert E. Williams, Tucson City Atty. by Enos P. Schaffer, Asst. City Atty., Tucson, for amicus curiae.

OPINION

HOWARD, Judge.

Appellants, the Board of Supervisors of Pima County, Arizona, appeal from the granting of a writ of mandamus by the trial court ordering the Board to declare the incorporation of the town of Oro Valley. The pertinent facts leading to the issuance of the writ are as follows.

On March 16, 1970, appellees, two signers of the incorporation petition which is the subject of this action...

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