BALL v. CITY OF CHANDLER IMP. DIST.

No. 1 CA-CIV 8036.

150 Ariz. 559 (1986)

724 P.2d 1228

Germain H. BALL, as Co-Trustee of the Germain H. Ball Trust; First Interstate Bank of Arizona, N.A., as Co-Trustee of the Germain H. Ball Trust, Petitioners Plaintiffs-Appellees, Joe V. Anderson, Gerald P. Andersen, and the Thomas S.J. Andersen Trust, Intervening Plaintiffs-Appellees, American Legion, Mathew B. Juan, Post No. 35, Department of Arizona, Intervening Plaintiffs-Appellees, Eli Gates, Intervening Plaintiff-Appellee, 56th Street Properties, a partnership, Intervening Plaintiff-Appellee, v. The CITY OF CHANDLER IMPROVEMENT DISTRICT NO. 48; the City of Chandler, an Arizona municipal corporation; James Patterson, Mayor of the City of Chandler, in his official capacity; Thomas B. Burns, Jr., Genny Appleton, Jerry Brooks, Wayne Lewis, Charles Shell and Coy Payne, members of the City Council of the City of Chandler, in their official capacities; James Goff, Superintendent of Streets and Director of Public Works for the City of Chandler, in his official capacity; Harold L. Schilling, City Manager for the City of Chandler, in his official capacity; Walter Bobotek, Director of Planning and Development for the City of Chandler, in his official capacity; John Doe, Bondholder; John Roe, Noteholder; White Company, Contractor; Black Company, Financial Advisor or Underwriter, Respondents Defendants-Appellants.

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

Reconsideration Denied May 13, 1986.

Review Denied September 9, 1986.


Attorney(s) appearing for the Case

Lewis & Roca by Peter D. Baird, Edward M. Lewis, Susan M. Freeman, Edward M. Mansfield, Phoenix, for petitioners plaintiffs-appellees.

Neal S. Sundeen, Phoenix, for intervening plaintiff-appellee American Legion.

Dohn M. Rosenthal, Scottsdale, for intervening plaintiff-appellee Gates.

Johnson, Blake & Kadish, P.C. by Ronald K. Blake, Tempe, for intervening plaintiff-appellee 56th Street Properties.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, P.C. by John H. Westover, Alan A. Meda, Phoenix, for respondents defendants-appellants.


CONTRERAS, Judge.

This is an appeal from an award of costs and attorney's fees in an action successfully prosecuted by certain landowners to invalidate an improvement district established by appellant, City of Chandler (Chandler) and its city officials. We conclude that the trial court correctly found "that the `zoning agreements issue' portion of the litigation `arose out of a contract express or implied' within the meaning of A.R.S. § 12-341.01," and affirm...

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