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PAYSON SANITARY DIST. OF GILA CTY. v. ZIMMERMAN

No. 2 CA-CIV 2287.

119 Ariz. 498 (1978)

581 P.2d 1148

PAYSON SANITARY DISTRICT OF GILA COUNTY, a Governmental Agency of the State of Arizona, Edward T. Glascock, Jr., Chairman, David B. Gilbert, Secretary, Frank D. Manthe, D.W. Thompson and Granville Wilson, Individually and as Members of the Board of Directors of Payson Sanitary District of Gila County, Appellants, v. Gerhard ZIMMERMAN and Gail Zimmerman, his wife, Payson East, a limited partnership, and William Rosenbower and Tonto Land and Investment Co., a partnership, d/b/a Park Payson Pines, Appellees.

Court of Appeals of Arizona, Division 2.

April 12, 1978.

Attorney(s) appearing for the Case

Thomas L. Wing, Payson, Burch, Cracchiolo, Levie, Guyer & Weyl, P.A. by Frank Haze Burch and Arda S. Rutherford, Phoenix, for appellants.

A. Alexander Katz, Phoenix, for appellees.

OPINION

HATHAWAY, Judge.

Appellees brought this action for declaratory relief, specific performance, injunctive relief and damages to prevent appellants from enforcing a $400 per lot charge for lots not previously within the sanitary district, connecting for the first time to district trunk lines. This appeal is from a judgment granted upon appellees' motion for summary judgment, holding, among other things, that...

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