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MARICOPA CTY. v. MUN. WATER CONSERV.

No. 1 CA-CV 89-483.

171 Ariz. 325 (1991)

830 P.2d 846

MARICOPA COUNTY, a political subdivision, Plaintiff-Appellant, Cross-Appellee, v. MARICOPA COUNTY MUNICIPAL WATER CONSERVATION DISTRICT NO. 1, a municipal corporation, Defendant-Appellee, Cross-Appellant.

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

Review and Cross-Petition for Review Denied June 16, 1992.

Attorney(s) appearing for the Case

Helm & Kyle, Ltd. by John D. Helm, Sp. Counsel for Maricopa County, Tempe, and Richard M. Romley, Maricopa County Atty. by Cleon M. Duke, Deputy County Atty., Phoenix, for plaintiff-appellant, cross-appellee.

Law Office of Riney B. Salmon II by Riney B. Salmon II, Phoenix, and Jennings, Strouss & Salmon by James M. Ackerman, Phoenix, for defendant-appellee, cross-appellant.

Meyer, Hendricks, Victor, Osborn & Maledon, P.A. by W. Scott Bales, Phoenix, for amici curiae Arizona Center for Law in the Public Interest and Grand Canyon Chapter of the Sierra Club.

OPINION

EUBANK, Judge.

This appeal arises from a dispute over a $2.00 entrance fee charged by Maricopa County (County), and then remitted to Maricopa County Municipal Water Conservation District No. 1 (MWD), for each vehicle entering Lake Pleasant Regional Park. In 1984, the parties entered into an agreement providing that the County would collect the $2.00 fee for MWD's benefit to help offset MWD's spiraling costs for the operation, maintenance and safety...

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