Garrett v. Tubac-Amado School District No. 5 of Santa Cruz County

MOLLOY, Chief Judge.

This appeal questions the propriety of a dismissal of a complaint seeking to require the trustees of the defendant school district to call a special election to determine whether a sale of the old Tubac school should be made only “to the State of Arizona or any other governmental body or agency” and to enjoin the sale of this school property until such an election is held.

There is no question raised on appeal but what the old school building at Tubac should be sold. At a special election held in this School District on July 7, 1964, the qualified electors approved, by a…