Ricca v. Bojorquez

HAIRE, Judge.

This appeal involves the constitutionality of A.R.S. § 24 — 341, a statute providing for the establishment of so-called “no-fence districts” upon the filing of petitions signed by a majority of taxpayers in a given area. The trial court, in granting the plaintiff’s motion for summary judgment, held the statute to be unconstitutional. This appeal followed.

Before discussing the facts of this particular case, a few remarks about the background and purpose of no-fence districts will be made. At common law, an owner of livestock was liable for the damage caused when those animals…