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COTTONWOOD DEV. v. FOOTHILLS AREA COALITION

No. 16170.

134 Ariz. 46 (1982)

653 P.2d 694

COTTONWOOD DEVELOPMENT, an Arizona partnership; George Mehl; and David Mehl, Plaintiffs/Appellants, v. FOOTHILLS AREA COALITION OF TUCSON, INC., an Arizona corporation; Virginia L. Sonett; Gerald G. Graeme; Eugenia Wells, in her official capacity as Clerk of the Pima County Board of Supervisors; Larry Bahill, in his official capacity as Director of the Pima County Election Department; Richard J. Kennedy, in his official capacity as Pima County Recorder; Sam Lena, in his official capacity as Chairman of the Pima County Board of Supervisors, Defendants/Appellees.

Supreme Court of Arizona, In Banc.

November 3, 1982.

Attorney(s) appearing for the Case

Scheff & Botwin by Michael D. Botwin, and Hirsch & Harrison by W. James Harrison, Tucson, for plaintiffs/appellants.

Louis W. Barassi, Tucson, for defendants/appellees Foothills Area Coalition of Tucson, Virginia L. Sonett, and Gerald G. Graeme.

Stephen D. Neely, Pima County Atty. by Harold Higgins, Chief Civil Deputy County Atty., Tucson, for defendants/appellees Eugenia Wells, Larry Bahill, Richard J. Kennedy, and Sam Lena.

Bilby, Shoenhair, Warnock & Dolph, P.C. by Clague Van Slyke, Tucson, brief amicus curiae for Southern Arizona Homebuilders Ass'n, Inc.

CAMERON, Justice.

In this expedited election appeal, Cottonwood Development, an Arizona partnership, challenges the 10 September 1982 judgment of the Pima County Superior Court denying Cottonwood's petition to remove from the general election ballot in Pima County a referendum sponsored by the appellees, Foothills Area Coalition of Tucson (FACT). We have jurisdiction pursuant to A.R.S. § 19-122(C).

We need answer only one question on appeal and that is...

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