Veach v. City of Phoenix
In Veach v. City of Phoenix, 102 Ariz. 195, 427 P.2d 335 (1967), the owner of a store located in the City of Phoenix sued the city after the store was destroyed in a fire because the city had refused to provide water for fire protection despite the owner's earlier request that the city install a fire hydrant. 102 Ariz. at 196, 427 P.2d at 336.
The trial court dismissed the complaint, finding the city was acting in its governmental capacity in furnishing water for the purpose of fighting fires and it had no duty to supply the owner with water for fire protection. Id.
In reversing that decision, our supreme court first made clear that "a municipality has no absolute duty to provide water for fire protection purposes to its inhabitants." It held, "however, that when a city assumes the responsibility of furnishing fire protection, . . . it has the duty of giving each person or property owner such reasonable protection as others within a similar area within the municipality are accorded under like circumstances." Id. at 197, 427 P.2d at 337.