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HANCOCK v. BISNAR

No. CV-05-0381-AP/EL.

132 P.3d 283 (2006)

212 Ariz. 344

Joseph E. HANCOCK and Charles B. Sherrill, Jr., Appellees, v. Andy BISNAR, Kenneth Griffin and Lee Musick, Appellants.

Supreme Court of Arizona, En Banc.

April 21, 2006.

Attorney(s) appearing for the Case

Coppersmith Gordon Schermer Owens & Nelson P.L.C. by Andrew S. Gordon, Lauren Jacqueline Weinzweig, Phoenix, Attorneys for Joseph E. Hancock and Charles B. Sherrill, Jr.

Gammage & Burnham P.L.C. by Lisa T. Hauser, Michella Abner, Phoenix, Attorneys for Andy Bisnar, Kenneth Griffin, and Lee Musick.

Robert S. Lynch & Associates by Robert S. Lynch, Phoenix, and Paul R. Orme, Mayer, Attorneys for Amici Curiae Central Arizona Irrigation and Drainage District and Maricopa Stanfield Irrigation & Drainage District.

Wade Noble, Yuma, Attorney for Amici Curiae Wellton-Mohawk Irrigation and Drainage District, Yuma Irrigation District, and North Gila Valley Irrigation and Drainage District.

Ryley Carlock & Applewhite P.A. by L. William Staudenmaier, III, Phoenix, Attorneys for Amicus Curiae Roosevelt Water Conservation District.

Dennis M. O'Neill, Chandler City Attorney by Cynthia J. Haglin, Assistant City Attorney, Chandler, and Deborah J. Spinner, Mesa City Attorney by Charles L. Cahoy, Assistant City Attorney, Mesa, Attorneys for Amici Curiae Cities of Chandler and Mesa.

OPINION

HURWITZ, Justice.

¶ 1 This is an election contest challenging the qualifications of three individuals elected as directors of the Mohave Valley Irrigation and Drainage District ("MVIDD" or "District") in a recall election. We hold that the challenged directors are not qualified to serve under the statutes governing irrigation districts.

I.

¶ 2 MVIDD is a political subdivision of the state and a municipal corporation. ...

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