FIESTA MALL VENTURE v. MECHAM RECALL COM.

No. 2 CA-CV 88-0195.

159 Ariz. 371 (1988)

767 P.2d 719

FIESTA MALL VENTURE, an Arizona joint venture; Westday Associates, an Arizona Partnership; DVM Co., an Arizona joint venture; Noble "Park Central" Associates, a Texas joint venture; Los Arcos Investments Limited Partnership, an Arizona limited partnership, Plaintiffs/Appellees, v. MECHAM RECALL COMMITTEE, an Arizona non-profit corporation, Defendant/Appellant.

Court of Appeals of Arizona, Division 2, Department B.

As Corrected November 4, 1988.

As Corrected January 26, 1989.

Review Denied February 7, 1989.


Attorney(s) appearing for the Case

Murphy & Posner by Michael L. Murphy, K. Bellamy Brown, Terry L. Rakow and Roger R. Foote, Phoenix, for plaintiffs/appellees.

Alice L. Bendheim and Gary Peter Klahr, Phoenix, for defendant/appellant.


OPINION

FERNANDEZ, Judge.

In late July and early August of 1987, members of appellant Mecham Recall Committee went to several large shopping malls in the Phoenix area in an attempt to obtain signatures on petitions to recall former Governor Evan Mecham. The owners of five of the malls filed suit on August 14 to enjoin the committee from soliciting signatures on their property. A temporary restraining order was issued on August 14 which prohibited appellant...

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