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CROUCH v. CITY OF TUCSON

No. 2 CA-CIV 4954.

145 Ariz. 65 (1984)

699 P.2d 1296

Buchannon CROUCH, Jr., aka Buck Crouch, a qualified elector of the City of Tucson, Petitioner/Appellant, v. CITY OF TUCSON, a municipal corporation of the State of Arizona; Lewis C. Murphy, Mayor of the City of Tucson; Rodolfo C. Bejarano, Brent L. Davis, Charles Ford, Roy B. Laos, George Miller and Tom Volgy, Councilmen of the City of Tucson, Respondents/Appellees, and The Mountain States Telephone and Telegraph Company, a Colorado corporation, Defendant in Intervention/Appellee.

Court of Appeals of Arizona, Division 2.

November 23, 1984.

Attorney(s) appearing for the Case

Gaila Davis, Tucson, for petitioner/appellant.

Frederick S. Dean, City Atty. by Brad Detrick, Tucson, for respondents/appellees.

Fennemore, Craig, Von Ammon, Udall & Powers by Calvin H. Udall and Nancy L. Rowen, Phoenix, for defendant in intervention/appellee.

OPINION

HATHAWAY, Judge.

Appellant filed a petition for statutory special action asserting that the City of Tucson has allowed a franchise to exist, "de facto or otherwise," in favor of Mountain States Telephone and Telegraph Company without submitting the franchise to the electorate of the City of Tucson,1 and requested a writ of mandamus requiring the city to submit the franchise to the electorate of the city at the next general...

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