City of Tucson v. Polar Water Co.

WINDES, Justice.

For the facts reference is made to the former opinion, 76 Ariz. 126, 259 P.2d 561.

From a consideration of the motion for rehearing, we find some confusion in the minds of counsel for plaintiff and amici curiae 'concerning the effect of the original opinion, and while we do not depart from the ultimate conclusion reached therein, we do feel that some clarification and modification of the reason for such conclusion are warranted.

We held that section 16-604, A.C. A.1939, has no application to the fact situation here presented where a municipality merely expands its territory and…