CITY OF PHOENIX v. LONG

No. 2 CA-CV 87-0318.

158 Ariz. 59 (1988)

761 P.2d 133

CITY OF PHOENIX, an Arizona municipal corporation; City of Glendale, an Arizona municipal corporation; City of Scottsdale, an Arizona municipal corporation; City of Tempe, an Arizona municipal corporation; City of Mesa, an Arizona municipal corporation; and Town of Youngstown, an Arizona municipal corporation, Plaintiffs/Counter-defendants/Appellees, and Arizona Public Service Company, an Arizona corporation; Salt River Project Agricultural Improvement & Power District, a political subdivision and an agricultural improvement district of the State of Arizona, Other Indispensable Parties/Appellees, v. John F. LONG; John F. Long Homes, Inc., an Arizona corporation; John F. Long Properties, Inc., an Arizona corporation, Defendants/Counter-claimants/Appellants. ARIZONA PUBLIC SERVICE COMPANY, an Arizona corporation, Other Indispensable Parties/Appellees/Cross-Appellants, v. John F. LONG; John F. Long Homes, Inc., an Arizona corporation; John F. Long Properties, Inc., an Arizona corporation, Defendants/Counter-claimants/Appellants/Cross-Appellees.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied September 26, 1988.


Attorney(s) appearing for the Case

Bill Stephens & Associates, P.C. by Bill Stephens and William H. Anger, Phoenix, for plaintiffs/counterdefendants/appellees City of Phoenix, City of Glendale, City of Scottsdale, City of Tempe, City of Mesa, and Town of Youngstown.

Snell & Wilmer by Warren E. Platt, Robert B. Hoffman, Martha E. Gibbs and John J. Bouma, Phoenix, for indispensable party/counterdefendant appellee/cross-appellant Arizona Public Service Co.

Jennings, Strouss & Salmon by M. Byron Lewis, Stephen E. Crofton and Kevin J. Worthen, Phoenix, for indispensable party/counterdefendant appellee Salt River Project Agricultural Imp. and Power Dist.

Streich, Lang, Weeks & Cardon by Wm. S. Hawgood II, Marcia Horn Yavitz, Paula G. Kirby and Joy E. Herr-Cardillo, Phoenix, for defendants/counterclaimants/appellants/cross-appellees.


OPINION

HOWARD, Presiding Judge.

This is an appeal from a summary judgment in an action for declaratory relief involving the validity of a contract commonly referred to as Effluent Option Agreement (EOA) entered into between six cities (Phoenix, Glendale, Scottsdale, Tempe, Mesa, and the town of Youngstown) and two public utilities, Arizona Public Service (APS) and Salt River Project (SRP).

This lawsuit is the culmination of a series of attacks launched...

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