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CITY OF SIERRA VISTA v. COCHISE ENTERPRISES

No. 2 CA-CIV 3291.

128 Ariz. 467 (1979)

626 P.2d 1099

CITY OF SIERRA VISTA, Arizona, a Municipal Corporation, Petitioner, v. COCHISE ENTERPRISES, INC., an Arizona Corporation; Cochise Enterprises, Inc., a Utah Corporation; et al., The Honorable Lloyd C. Helm, Presiding Judge of the Superior Court of the State of Arizona, in and for the County of Cochise, Respondents.

Court of Appeals of Arizona, Division 2.

June 29, 1979.

Attorney(s) appearing for the Case

Polley & Polley by Wesley E. Polley, Bisbee, for petitioner.

Law Offices, Lawrence P. D'Antonio by Lawrence P. D'Antonio, Tucson, for respondents.

OPINION

RICHMOND, Chief Judge.

The respondent judge's refusal to honor petitioner's "Notice of Change of Judge" is the subject of this special action. We agree with petitioner that it had not waived its right to a change of judge as a matter of right and therefore assume jurisdiction.

Petitioner filed a complaint for declaratory relief against several defendants including Owens Construction Company, Inc., and Cochise Enterprises, Inc.

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