TOWN OF PEORIA v. HENSLEY

No. 1 CA-CIV 2449.

26 Ariz. App. 30 (1976)

545 P.2d 992

TOWN OF PEORIA, a Municipal Corporation, Appellant, v. Richard HENSLEY and Dorelle Ann Hensley, his wife, Appellees.

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

February 10, 1976.


Attorney(s) appearing for the Case

Perry & Head, by Dale A. Head, Phoenix, for appellant.

Lindauer & Logan, P.A., by Thayer C. Lindauer, Phoenix, for appellees.

Johnson, Shelley & Roberts by J. LaMar Shelley, Mesa, for League of Ariz. Cities and Towns.


OPINION

JACOBSON, Presiding Judge.

This appeal questions the rights of the courts to determine the amount of "benefits" derived from a town sewer improvement district and reduce the amount of assessments accordingly.

The first time that this matter was before this court is reported in Hensley v. Town of Peoria, 14 Ariz.App. 581, 485 P.2d 570 (1971). There we set aside...

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