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CENT. ARIZ. WATER & DITCHING v. CITY OF TEMPE

No. 1 CA-CIV 6033.

140 Ariz. 119 (1984)

680 P.2d 829

CENTRAL ARIZONA WATER & DITCHING COMPANY, an Arizona corporation, Plaintiff-Appellant, v. The CITY OF TEMPE, an Arizona municipal corporation; and The City of Tempe Municipal Property Corporation, an Arizona non-profit corporation, Defendants-Appellees.

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

February 21, 1984.

Attorney(s) appearing for the Case

Udall, Shumway, Blackhurst, Allen, Lyons & Davis, P.C. by John H. Lyons, Mesa, for plaintiff-appellant.

David R. Merkel, City Atty. and Vincent A. Iannone, Asst. City Atty., Tempe, for defendant-appellee City of Tempe.

Gust, Rosenfeld, Divelbess & Henderson by John C. Wesley, Phoenix, for defendant-appellee City of Tempe Municipal Property Corp.

OPINION

JACOBSON, Chief Judge.

The basic dispute presented by this appeal is whether A.R.S. § 34-221(A)(3), which allows a contractor on a public work project to offer substitute security in lieu of retention of a portion of the contract price to assure completion of the contract, applies where the "owner" of the property is a private non-profit corporation, rather than the governmental entity.

This action was commenced by Central Arizona Water...

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