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Junker v. Glendale Union High School Dist.

Supreme Court of Arizona

November 5, 1951

JUNKER
v.
GLENDALE UNION HIGH SCHOOL DIST. et al

Judgment affirmed.

Kramer, Morrison, Roche & Perry, Phoenix, for appellant.

Warren L. McCarthy, County Atty., and Robert H. Renaud, Deputy County Atty., Phoenix, for appellees.

Udall, Chief Justice. Stanford, Phelps, De Concini and La Prade, JJ., concur.

OPINION

Udall, Chief Justice.

Under the provisions of Section 21-1830, A.C.A. 1939, this case is submitted upon an "agreed statement" which reads as follows:

1. Plaintiff sought a permanent injunction against the issuance and sale of certain bonds of Glendale High School District.

[73 Ariz. 21] 2. The school board certified to the board of supervisors that at the bond election 2,172 votes were cast, of which 22 were rejected for cause, 1,168 voted in favor of the issuance of the bonds, and 982 voted against such issuance.

3. It is further alleged by the complaint, (but denied in the answer) that of the 1,168 votes counted as being in favor of the issuance of the bonds more than 373 thereof were cast by persons who were not real property taxpayers within the intent of the Constitution of Arizona.

4. A special master was appointed by the court to examine into the qualifications of such voters. He examined the records and duly rendered his report.

5. Both parties moved for judgment and the court granted the defendant's motion and entered judgment accordingly.

The sole question to decide is whether a purchaser of realty under an installment sales contract, who is required by that contract to pay the taxes upon the property, and does pay them, is a real property taxpayer within the meaning of the pertinent section of the Constitution of Arizona?

Section 13, Article VII of the Constitution provides: "Questions upon bond issues or special assessments shall be submitted to the vote of real property taxpayers, who shall also in all respects be qualified electors of this state, and of the political ...


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