JUNG v. CITY OF PHOENIX

No. 1 CA-CIV 8692.

160 Ariz. 35 (1987)

770 P.2d 339

Barney JUNG, James R. Fiddler, Harry Thurston, d/b/a Harry Thurston's Saddle Shop; Lawrence L. Lake, Plaintiffs-Appellants, v. The CITY OF PHOENIX; William E. Korbitz, Director of the Phoenix Water and Wastewater Department, Defendants-Appellees.

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

February 24, 1987.


Attorney(s) appearing for the Case

Friedeman & O'Leary, Charles L. Eger by John Friedeman, Phoenix, for plaintiffs-appellants.

Roderick G. McDougall, Phoenix City Atty. by Jesse W. Sears, M. James Callahan, and Philip M. Haggerty, Asst. City Attys., Phoenix, for defendants-appellees.

Charles G. Ollinger, Paradise Valley, for amicus curiae Town of Paradise Valley.


OPINION

EUBANK, Presiding Judge.

Appellants, customers of the Phoenix Water Department who live outside the Phoenix city limits, brought this action against appellees pursuant to 42 U.S.C. §§ 1983 and 1988 seeking damages and injunctive relief on the ground that their water rates were twice those charged to city residents. The City moved to dismiss appellants' complaint pursuant to Rule 12(b)(1), (2) and (6), Arizona Rules of Civil Procedure. The...

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