PIMA COUNTY v. CARDI

No. 2 CA-CIV 3164.

123 Ariz. 424 (1979)

600 P.2d 37

PIMA COUNTY, Pima County Board of Supervisors, sitting as the Authorized Pima County Floodplain Board, Plaintiff/Appellee, v. John CARDI, dba Cardi Construction, Defendant/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied July 11, 1979.

Review Denied September 6, 1979.


Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by Peter E. Pearman, Deputy County Atty., Tucson, for plaintiff/appellee.

Slutes, Browning, Zlaket & Sakrison, P.C. by James M. Sakrison and John A. Pelander, Tucson, for defendant/appellant.


OPINION

HATHAWAY, Judge.

This appeal seeks review of a partial summary judgment in favor of Pima County on Counts I and II of its amended complaint and a denial of appellant's motion to dismiss these counts. The judgment permanently enjoined appellant from excavating sand and gravel without first obtaining a permit. We reverse.

Count I alleged that appellant had been excavating sand and gravel without obtaining the permit required by statute and ordinance...

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