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GILLARD v. ESTRELLA DELLS I IMPROVEMENT DISTRICT

No. 1 CA-CIV 2645.

25 Ariz. App. 141 (1975)

541 P.2d 932

William GILLARD and Rosanne Gillard, husband and wife, Cloyce F. Hedges and Ruth N. Hedges, husband and wife, Appellants, v. ESTRELLA DELLS I IMPROVEMENT DISTRICT, Eldon Rudd, J. Robert Stark, Robert Corbin, Henry Haws and Joe Eddie Lopez as Members of and Constituting the Board of Directors of Estrella Dells I Improvement District, Clearwater Utilities Company, Inc., an Arizona Corporation, Paul B. Guerin and Jane Doe Guerin, husband and wife, Eldon Rudd, J. Robert Stark, Robert Corbin, Henry Haws and Joe Eddie Lopez as Members of and Constituting the Maricopa County Board of Supervisors and Asphalt Service of Arizona, Inc., an Arizona Corporation, Appellees.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied December 18, 1975.

Review Denied January 27, 1976.

Attorney(s) appearing for the Case

Steven M. Friedman, Clayton W. Plotkin, Phoenix, for appellants.

Moise Berger, Maricopa County Atty., by Douglas G. Zimmerman, Deputy County Atty., and Gust, Rosenfeld, Divelbess & Henderson, by Fred H. Rosenfeld, Jane Rex Greer, Phoenix, for appellees.

OPINION

EUBANK, Judge.

This appeal primarily challenges the constitutionality of A.R.S. §§ 11-703A and 11-705B, which provide for the creation of county improvement districts, and for notice of the initial hearing.

Appellants are prosecuting their suit as a class action, and the class consists of those owners of property in the Estrella Dells I Improvement District as of June 11, 1973. On that date, an action was commenced pursuant to A.R...

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