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HAMILTON v. SUPERIOR COURT, MARICOPA CTY.

No. CV-87-0150-SA.

154 Ariz. 109 (1987)

741 P.2d 242

Ruth HAMILTON, Charles M. Monroe, and Dora Quesada (Citizen Defendants below), Petitioners, v. SUPERIOR COURT for the State of Arizona, In and For the COUNTY OF MARICOPA, Hon. Barry Schneider, a Judge thereof; the City of Phoenix, a body politic (City Defendants below); Marvin Andrews, in his official capacity as Phoenix City Manager, Respondents, The POINTE RESORTS, INC., an Arizona corporation; and Gosnell Development Corporation, an Arizona corporation, Respondents-Real Parties in Interest.

Supreme Court of Arizona, En Banc.

May 27, 1987.

Attorney(s) appearing for the Case

Cox and Cox by Z. Simpson Cox, Phoenix, for petitioners.

Roderick G. McDougall, Phoenix City Atty. by Roderick G. McDougall, Larry F. Felix, Phoenix, for respondents City of Phoenix and Andrews.

Gammage & Burnham by Grady Gammage, Jr., Phoenix, for real parties in interest.

FELDMAN, Vice Chief Justice.

Ruth Hamilton, Charles M. Monroe, and Dora Quesada (petitioners) brought a special action1 to enjoin the City of Phoenix from leasing Phoenix Mountain Preserve land to Gosnell Development Corporation (GDC) without voter approval. On May 5, 1987, we vacated the trial court's grant of summary judgment in favor of the City and GDC, and remanded the case to the trial court to determine the status of the transaction...

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