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CORTARO WATER USERS' ASS'N v. STEINER

No. 18266-PR.

148 Ariz. 314 (1986)

714 P.2d 807

CORTARO WATER USERS' ASSOCIATION, an Arizona non-profit corporation, and Cortaro-Marana Irrigation District, Pima County, Arizona, a political subdivision of the State of Arizona, Plaintiffs-Appellants-Appellees, v. Wesley E. STEINER, Director of the Department of Water Resources; the Department of Water Resources, an agency of the State of Arizona; the State of Arizona; City of Tucson, a political subdivision of the State of Arizona, Defendants-Appellants-Appellees, and Lewis McGinnis, a beneficial owner under Transamerica Title Insurance Company, Trust Nos. 82-28 and 82-29; Jackson-McGinnis Industrial Properties, an Arizona Joint Venture as beneficial owner under a Fidelity National Title Trust Company, Trust No. 10,066; Trans-America Title Insurance Company, as Trustee; and Fidelity National Trust Company, as Trustee, Intervenors-Appellees.

Supreme Court of Arizona, En Banc.

Supplemental Opinion February 25, 1986.

Reconsideration Denied March 18, 1986.

Attorney(s) appearing for the Case

Martinez & Curtis, P.C. by Michael A. Curtis, Jay M. Martinez, William P. Sullivan, Phoenix, for Cortaro.

Bill Stephens, P.C. by Bill Stephens, Karen Tarr, Phoenix, for City of Tucson.

State of Arizona, Dept. of Water Resources by Kathleen Ferris, Chief Counsel, Scott Larmore, Deputy Counsel, Phoenix, for Dept. of Water Resources and Wesley E. Steiner, Director of the Dept. of Water Resources.

Roger Weissman, Tucson, for Lewis McGinnis, Jackson-McGinnis Industrial Properties, Trans-America Title Ins. Co., and Fidelity Nat. Trust Co.

Lewis & Roca by Tom Galbraith, Susan Freeman, Jessica Youle, Phoenix, for Lincoln Sav. & Loan Ass'n.

GORDON, Vice Chief Justice.

The facts in this case are not in dispute. A detailed account is provided by the court of appeals in Cortaro Water Users' Association, et al v. Steiner, et al, 714 P.2d 836 (1985). In this appeal we must decide whether the Cortaro Water Users' Association and Cortaro-Marana Irrigation District (Cortaro) are entitled to an award of attorneys' fees pursuant to A.R.S. § 12-348(A) (3). In order...

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