DAIL v. CITY OF PHOENIX

No. 1 CA-CIV 4731.

128 Ariz. 199 (1980)

624 P.2d 877

Roland L. DAIL, Plaintiff-Appellant, v. CITY OF PHOENIX, a municipal corporation; Margaret Hance, Joy W. Carter, William C. Donahue, Calvin Goode, Rosendo Gutierrez, Ken O'Dell, Amy T. Worthen, Marvin Andrews, Art Vondrick and Presley of Arizona, an Arizona corporation, Defendants-Appellees.

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

Rehearing Denied January 28, 1981.

Review Denied March 3, 1981.


Attorney(s) appearing for the Case

Hughes & Hughes, P.C., by John C. Hughes, Phoenix, for plaintiff-appellant.

Stephens & Toles, P.C., by Bill Stephens, Carol S. Benyi, and Martha B. Kaplan, Phoenix, for defendants-appellees City of Phoenix, Mayor and Council Members.

Stark & Wood by J. Robert Stark, Phoenix, for defendant-appellee Presley of Arizona.


OPINION

HAIRE, Presiding Judge.

Appellant, Roland Dail, initiated an action in superior court requesting that a contract between appellees City of Phoenix (hereinafter, City) and Presley of Arizona (hereinafter, Presley) be declared "illegal, void and without authority of law." He further prayed that the Mayor and Council members, Manager, and Director of Water and Sewers of the City of Phoenix be enjoined from operating the water system that was the subject...

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