Fry v. Mayor and City Council of Sierra Vista

HOWARD, Chief Judge.

This appeal presents for review a judgment in favor of the appellees (hereinafter referred to as defendants) ordering dismissal of appellant’s (hereinafter referred to as plaintiff) petition challenging the validity of an annexation by the City of Sierra Vista.

The grounds for plaintiff’s challenge was that the annexation petition was signed by the owners of less than one-half the value of the real and personal property subject to taxation by the City of Sierra Vista in the event of annexation. The case was tried to the court, sitting without a jury, which expressly found…