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WHITE v. KAIBAB ROAD IMPROVEMENT DISTRICT

No. 1 CA-CIV 2559.

24 Ariz. App. 258 (1975)

537 P.2d 986

Edgar F. WHITE, Plaintiff, Appellee and Cross-Appellant, v. KAIBAB ROAD IMPROVEMENT DISTRICT, Robert Stark, B.W. Burns and Henry Haws, constituting the Board of Directors of Kaibab Road Improvement District, Rhea Woodall, Clerk of the Board of Directors of Kaibab Road Improvement District and Robert Esterbrooks, Superintendent of Streets of Kaibab Road Improvement District, Defendants, Appellants, and Cross-Appellees.

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

Rehearing Denied August 8, 1975.

Review Granted October 9, 1975.

Attorney(s) appearing for the Case

Gust, Rosenfeld, Divelbess & Henderson by Fred H. Rosenfeld, Jane Rex Greer, Phoenix, for appellee and cross-appellant.

Wilson, Jones, Morton & Lynch by Robert G. Auwbrey, Earnest A. Wilson, San Mateo, Cal., Ryley, Carlock & Ralston by Joseph P. Ralston, and Moise Berger, Maricopa County Atty., by David B. Krom, Deputy County Atty., Phoenix, for appellants and cross-appellees.

OPINION

OGG, Presiding Judge.

This appeal requires resolution of two issues of law: (1) the sufficiency of a title to a bill which promulgated an "alternate procedure for the formation of county improvement districts" and (2) the constitutionality of the alternate procedure.

In 1945, Chapter 43 was enacted; the chapter was entitled:

"An Act Relating To The Organization Of Districts To Make Street, Sewer And Other Local...

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