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ENERGY FUELS NUCLEAR v. COCONINO COUNTY

No. CV-88-0398-AP.

159 Ariz. 210 (1988)

766 P.2d 83

ENERGY FUELS NUCLEAR, INC., a Colorado corporation; Mark Stephen Chalmers and Robi Diane Chalmers, husband and wife; Marion W. Wallmark and Delma L. Wallmark, husband and wife; and Margo Laura Serpas, Plaintiffs/Appellees, v. COCONINO COUNTY, a body politic; Paul J. Babbitt, Jr., Tio Tachias, J. Dennis Wells, Mel Hannah and Louise Yellowman, in their official capacities as members of the Board of Supervisors of Coconino County; Ethel Ulibarri in her official capacity as Clerk of the Board of Supervisors of Coconino County; Connie J. Mazon, in her official capacity as Elections Director of Coconino County; and Helen I. Hudgens, in her official capacity as County Recorder of Coconino County, Defendants/Appellants, Citizens for Environmental Responsibility, Intervenor.

Supreme Court of Arizona, En Banc.

December 8, 1988.

Attorney(s) appearing for the Case

John Verkamp, Coconino County Atty. by Camille D. Bibles, Deputy County Atty., Flagstaff, for Coconino County.

Mangum, Wall, Stoops & Warden by Daniel J. Stoops, Flagstaff, and Ryley, Carlock & Applewhite by N. Warner Lee, Abigail Carson Berger, Phoenix, for plaintiffs/appellees.

OPINION

KLEINSCHMIDT, Judge.

This is an appeal from the order of the superior court enjoining the Coconino County Board of Supervisors from placing an initiative measure on the ballot for the general election held on November 8, 1988. The trial court found that people who resided in Coconino County but who had moved from the precincts in which they were registered to vote could not legally sign the initiative petition...

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