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EL PASO NATURAL GAS CO. v. MOHAVE COUNTY

No. 15656.

133 Ariz. 59 (1982)

649 P.2d 262

EL PASO NATURAL GAS COMPANY, a corporation, Plaintiff-Appellee, v. MOHAVE COUNTY, a body politic, Grace E. Marlow, County Treasurer of Mohave County, Arizona; the Board of Supervisors of Mohave County, and the Members thereof, Mabel Bailey, Ray Wells, and James Sterling, Defendants-Appellants. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Plaintiff-Appellee, v. MOHAVE COUNTY, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

July 14, 1982.

Attorney(s) appearing for the Case

Leek & Lee by Terrence S. Leek and Paul Lenkowsky, Bullhead City, and William J. Ekstrom, Jr., Mohave County Atty., Kingman, for defendants-appellants.

Bilby, Shoenhair, Warnock & Dolph by Stephen A. Thomas, Tucson, for plaintiff-appellee El Paso Natural Gas Co.

Fennemore, Craig, von Ammon & Udall by Donald R. Gilbert and C. Owen Paepke, Phoenix, for plaintiff-appellee The Atchison, Topeka & Santa Fe Ry. Co.

HAYS, Justice.

The appellees, El Paso Natural Gas Company ("El Paso") and The Atchison, Topeka & Santa Fe Railway Company ("Santa Fe") are Mohave County taxpayers. Both parties filed separate actions challenging the legality of the 1978-79 Mohave County budget. Summary judgment was entered in favor of El Paso. The judgment specifically provided that the 1978-79 Mohave County budget was illegal and that El Paso was entitled to judgment in the amount of $39,826...

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