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CITY OF PHOENIX v. SUPERIOR COURT

No. 8857.

101 Ariz. 265 (1966)

419 P.2d 49

The CITY OF PHOENIX, Milton H. Graham, Frank G. Benites, Jarrett S. Jarvis, Sophia Kruglick, John F. Long, Frank P. Middleton and Morrison F. Warren, as Members of and Constituting the Council of the City of Phoenix, Maricopa County, Arizona, County of Maricopa, Arizona, L. Alton Riggs, William S. Andrews and B.W. Burns, as Members of and Constituting the Board of Supervisors of Maricopa County, Arizona, Petitioners, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF MARICOPA, Yale McFate, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Wesley Bolin, Secretary of State, State of Arizona, Real Party in Interest, and Aubrey L. Moore, Real Party in Interest, Respondents.

Supreme Court of Arizona. En Banc.

October 17, 1966.

Attorney(s) appearing for the Case

Robert J. Backstein, City Atty., Barry Leverant, Asst. City Atty., Phoenix, for petitioners, City of Phoenix, Milton H. Graham, Frank G. Benites, Jarrett S. Jarvis, Sophia Kruglick, John F. Long, Frank P. Middleton and Morrison F. Warren, as Members of and Constituting the Council of the City of Phoenix.

Robert K. Corbin, Maricopa County Atty., Henry Florence, Deputy County Atty., Z. Simpson Cox, Special Counsel, Phoenix, for petitioners, County of Maricopa, J. Alton Riggs, William S. Andrews and B.W. Burns, as Members of and Constituting the Board of Supervisors of Maricopa County.

Darrell F. Smith, Atty. Gen., Jarril F. Kaplan, Special Counsel, Phoenix, for respondents, Superior Court of Arizona, Maricopa County and Yale McFate, Judge thereof, and Wesley Bolin, Secretary of State of Arizona, Real Party in Interest.

Theodore Matz, Phoenix, for respondent, Aubrey L. Moore, Real Party in Interest.

STRUCKMEYER, Chief Justice.

This is an original proceeding in certiorari in which the City of Phoenix and Maricopa County seek to nullify an order of the superior court prohibiting petitioners from holding concurrent elections in the same polling places in the general election to be held on November 8, 1966. On October 11, 1966, after an informal hearing, we accepted jurisdiction, being of the opinion that the matter was of great public concern and that there was...

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