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MATTER OF CONTEST OF A CERTAIN SP. ELECTION

No. 1 CA-CIV 6254.

135 Ariz. 149 (1982)

659 P.2d 1294

In the Matter of a CONTEST OF A CERTAIN SPECIAL ELECTION; Special Road Districts Nos. 9, 10, 11 and 12, Joint Powers Authority (Fountain Hills) of Maricopa County, Arizona, Consolidated Election Precinct, May 5, 1981: Jesse Sol GENIN, Bella Genin, Edward Joseph Connor, Jean Frances Connor, Clifford Stephen Kozlow and Kasimir Moran Tritschler, Petitioners Appellees, v. SPECIAL ROAD DISTRICTS NOS. 9, 10, 11 AND 12, Joint Powers Authority (Fountain Hills) of Maricopa County Arizona, Respondents Appellants and MCO Properties, Inc. and Johanna K. Kobli, Intervenors Appellants.

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

Rehearing Denied December 29, 1982.

Review Denied February 23, 1983.

Attorney(s) appearing for the Case

Langerman, Begam, Lewis & Marks, P.A. by Frank Lewis, Phoenix, for petitioners appellees.

Ryley, Carlock & Ralston, P.A. by Joseph P. Ralston, Phoenix, for respondents appellants.

Martori, Meyer, Hendricks & Victor, P.A. by Larry A. Hammond, Randall C. Nelson, Phoenix, for intervenors appellants.

OPINION

RICHARD M. DAVIS, Judge Pro Tem.

The appellants challenge a two-thirds affirmative vote requirement in the statute authorizing the issuance of special road district bonds. The trial court rejected the challenge, and we affirm its decision.

The appellant special road districts were organized in 1973 pursuant to A.R.S. §§ 18-251 et seq. The districts are located in the Fountain Hills area of Maricopa County. The four districts...

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