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TOWN OF TORTOLITA v. NAPOLITANO

No. 1-CA-CV 00-0437.

20 P.3d 599 (2001)

199 Ariz. 556

TOWN OF TORTOLITA, a municipal corporation, Lan Lester, as Mayor of the Town of Tortolita and individually, Carlotta ("Scottie") Bidegain, Steven Shochat, and Kathleen Franzi, individually as residents and electors of the Town of Tortolita, Plaintiffs-Appellants, v. Janet A. NAPOLITANO, in her official capacity as the Attorney General of the State of Arizona, Defendant-Appellee. State of Arizona, ex rel. Janet A. Napolitano, Attorney General of the State of Arizona, Plaintiff, v. The Town of Tortolita, a municipal corporation, Lan Lester, as Mayor of the Town of Tortolita and individually, Carlotta ("Scottie") Bidegain, Steven Shochat, and Kathleen Franzi, individually as residents and electors of the Town of Tortolita, Defendants.

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

March 29, 2001.

Attorney(s) appearing for the Case

Risner & Graham by William J. Risner, Tucson, Attorneys for Appellant.

Janet A. Napolitano, Attorney General by Theresa M. Craig, Assistant Attorney General, Phoenix, Attorneys for Appellees.

OPINION

EHRLICH, Judge.

¶ 1 In a proceeding regarding the validity of the incorporation of the Town of Tortolita, the superior court entered a preliminary injunction prohibiting Tortolita and its officials from exercising governmental authority such as the assumption of obligations on behalf of Tortolita, including debt for attorneys' fees. Nearly two years later, Tortolita requested modification of the preliminary injunction, seeking to dissolve the...

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