Legal Opinion
State v. Town of Benson, Cochise County
Arizona Supreme Court
Decided December 19, 1963No. 7514PublishedCited by 16 opinions
1Opinion of the Court
STRUCKMEYER, Justice.
This action was brought to test the validity of the annexation of certain territory by the Town of Benson in Cochise County, Arizona. We held in State ex rel. Helm v. Town of Benson, 94 Ariz. 75, 381 P.2d 760, that the town council had no jurisdiction to enact the annexation ordinance in question and that the ordinance was void.
On rehearing, we have concluded that our opinion was unnecessarily restrictive in its interpretation of the language of the annexation statute, A.R.S. § 9-471. The statute permits the governing body of a city or town “on presentation” of a petition…
2Cases cited5 opinions
- Gage v. JordanCalifornia Supreme Court · 1944
- McCune v. City of PhoenixArizona Supreme Court · 1957
- City of Tucson v. GarrettArizona Supreme Court · 1954
- Jefferson Union School District v. City CouncilCalifornia Court of Appeal · 1954
- State ex rel. Helm v. Town of BensonArizona Supreme Court · 1963
3Cited by16 opinions
- In re Annexation Ordinance Adopted by the City of New BernSupreme Court of North Carolina · 1971
- Aesthetic Property Maintenance, Inc. v. Capitol Indemnity Corp.Arizona Supreme Court · 1995
- Town of Scottsdale v. State ex rel. PickrellArizona Supreme Court · 1965
- Town of Miami v. City of GlobeCourt of Appeals of Arizona · 1998
- Fry v. Mayor and City Council of Sierra VistaCourt of Appeals of Arizona · 1970
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