Arizona Revised Statutes
Ariz. Rev. Stat. § 12-2042 (2026)
Action by county attorney
✓ current as of May 2026
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An action may be brought in the superior court by the county attorney in the name of the state upon his own information or upon the verified complaint of any person, against any person who usurps, intrudes into or who unlawfully holds or exercises any public office or any franchise within his county. The county attorney shall bring the action when he has reason to believe that any such office or franchise is being usurped, intruded into or unlawfully held or exercised.
Notes of Decisions
Cited in 7
cases, 1960–2008 · leading case: Crouch v. City of Tucson, 699 P.2d 1296 (Ariz. Ct. App. 1984).
Crouch v. City of Tucson, 699 P.2d 1296 (Ariz. Ct. App. 1984). “These sections have been interpreted to require a private party who seeks to challenge a franchise to bring his complaint first to the attorney general or the county attorney before attempting to initiate his own action.”
Clark v. Campbell, 193 P.3d 320 (Ariz. Ct. App. 2008). “See A.R.S. §§ 12-2042, -2043 (2003) (if county attorney refuses to bring action in quo warranto, party may petition the court to accept action brought in own name).”
Tracy v. Dixon, 579 P.2d 1388 (Ariz. 1978). “By A.R.S. § 12-2042, an action may be brought in the Superior Court by the county attorney against any person who usurps, intrudes into or unlawfully holds any public office within his county.”
Laos v. Arnold, 685 P.2d 111 (Ariz. 1984). “A.R.S. § 12-2042 grants similar authority to county attorneys acting within their counties.”
Garrett v. Folsom, 357 P.2d 130 (Ariz. 1960). “Thereafter, on February 20, 1958, under authority of A.R.S. § 12-2042, appellant filed a verified complaint with appellee County Attorney demanding that an action in quo warranto be filed to annul the union high school district’s purported franchise and to oust the members of…”
Joyner v. Mofford, 539 F. Supp. 1120 (D. Ariz. 1982). “Defendant, Steven Neely, is the duly elected County Attorney for the County of Pima, State of Arizona, and is empowered, pursuant to A.R.S. § 12-2042, to bring an action in the Superior Court of the State of Arizona against any person who unlawfully holds any public office…”
Cnty. of Cochise v. Good, 453 P.2d 544 (Ariz. Ct. App. 1969). “) *451 A.R.S. § 12-2042 authorizes the county attorney to bring action in quo warranto: “An action may be brought in the superi- or court by the county attorney * * (Emphasis added.”
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