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HomeMy WebLinkAboutHistorical Records - Incorporation (42) LAW OFFICES J. MERCER JOHNSON HAVES & LTD. JAMES HENDRICK TERRY RAYMOND F. HAYES JOHNSON, DOWDALL, RICHARD G. DARROW RICHARD J. DOWDALL 250 NORTH CHURCH AVENUE OF COUNSEL M. V. MORALES, JR. ANTHONY D. TERRY TUCSON, ARIZONA 85701 TELEPHONE: JOHN G. STOMPOLY (602) 624-8741 JOHN R. EVEN P.O. BOX 591 SIDNEY LEX FELKER TUCSON, ARIZONA 85702 CABLE: JURIS WILLIAM N. SHERRILL DONALD E. GABRIEL February25 , 1974 IN REPLY REFER TO: ROBERT A. SCHULER JAMES G. BUSBY TO: STEVE' ENGLE Enclosed please find a copy of Appellants' Motion for Rehearing and ,a copy of our Opposition and Objections to said Rehearing. Sincerely, Sidney Lex Felker SLF/pkm Enclosures 2/12/74 MEMO TO: ORO VALLEY COMMITTEE MEMBERS MEMO FROM: SIDNEY LEX FELKER RE : ORO VALLEY APPEAL A. Time for Motion for Rehearing: 15 days from notice of decision. Rule 9 (a) of the Rules of the Supreme Court provides that: "Any party desiring a rehearing may , within fifteen days after the clerk has given the notice provided by Rule 8 that a decision has been rendered by this court, file a motion in writing for a rehearing specifying the parti- cular grounds for rehearing. . . . " . B. Time for Opposition to Motion for Rehearing : 10 days after service by adverse party. C. Mandates from Supreme Court to trial court re judgment of Supreme Court. Rule 14 (a) , Rules of the Supreme Court, says : "Fifteen days after giving notice of the filing of an opinion by this court, the clerk shall issue a mandate and forward it to the trial court. If a motion for rehearing has been filed the mandate shall not issue until the motion is dis- posed of. For good cause shown the court may , in its discretion, direct the mandate to issue before the expiration of fifteen days. The mandate shall contain the judgment of this court and its direc- tions respecting further proceedings . The original papers transmitted by the clerk of the superior court to this court shall be returned with the man- date to the clerk of the superior court. " D. Time for applying for Certiorari to U. S . Supreme Court: 90 days from date of judgment 28 USCA, Sec. 2101 (c) provides that: "Any other appeal or any writ of certiorari intended to bring any judgment or decree in a civil action, suit or proceeding before the Supreme Court for review shall be taken or applied for within ninety days after the entry of such judgment or decree. . . . " . However, judgment may be enforced until stayed by an order of a Justice of the U. S . Supreme Court staying the same. 28 USCA 2101 (f) . E. County Services A.R.S . 9-104 provides for the county services to be extended to the newly incorporated town as follows : "A. When county territory is included within the boundaries of a newly incorporated city or town, all codes , rules and regulations made, established, adopted or enacted by such county, relating to zoning , building, plumbing , mechani- cal , electrical and health and sanitation shall apply within such newly incorporated city or town and shall be enforced by county officers from and after the date of such incorporation until July 1 next following such incorporation or until such time prior to the expiration of such fiscal year as the governing body of such city or town, by resolution or conflicting ordinance, supersedes such county code, rules or regulations . B. All county services previously provided within such territory, including, but not limited to, law enforcement, public safety, maintenance of streets and public improvements , drainage , sewers and sewage disposal shall be continued through county officers and at county expense during the period from and after the date of such incorporation until July 1 next following such incorporation or until such time prior to the end of such fiscal year as the governing body of such city or town, by resolution or conflicting ordinances , provides such services . C. The provisions of this section shall also apply to citjies and towns incorporated under article 3 of this chapter. "