DAVIS v. HIDDEN

No. 1 CA-CIV 4365.

124 Ariz. 546 (1979)

606 P.2d 36

Earl DAVIS, Plaintiff-Appellant, v. Elizabeth HIDDEN and Mohave County, a body politic, Defendants-Appellees.

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

December 4, 1979.


Attorney(s) appearing for the Case

Leek & Lee by Terrence S. Leek, Stephen M. Lee, Paul Lenkowsky, Bullhead City, for plaintiff-appellant.

David B. Babbitt, Mohave County Atty. by William J. Ekstrom, Jr., Deputy County Atty., Kingman, for defendants-appellees.

John A. Lasota, Jr., former Atty. Gen. by Evelyn R. Epstein, Asst. Atty. Gen., Phoenix, for amicus curiae.


OPINION

FROEB, Judge.

At issue in this appeal is the authority of a county to deny a residential building permit on the ground that a proposed septic tank would be contrary to state law. We hold that while the county has the statutory authority to require compliance with state health laws as a predicate for the issuance of a building permit, the county in this instance has not exercised this authority by the enactment...

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