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PIONEER TRUST CO. v. PIMA COUNTY

No. CV-90-0348-AP.

168 Ariz. 61 (1991)

811 P.2d 22

PIONEER TRUST COMPANY OF ARIZONA, an Arizona corporation, in its capacity as Trustee of its Trust No. 11,960, Plaintiff/Appellant, v. PIMA COUNTY, a political subdivision of the State of Arizona; Daniel Eckstrom, Raul Grijalva, Greg Lunn, Ed Moore, and Reg Morrison, in their capacities as members of and constituting the Pima County Board of Supervisors; Jane S. Williams, in her capacity as Clerk of the Pima County Board of Supervisors; Larry Bahill, in his capacity as the Director of Elections for Pima County; and Mike Boyd, in his capacity as the Pima County Recorder; Concerned Voters Council, Inc., an Arizona corporation; and Gayle G. Hartmann, an individual, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

May 9, 1991.

Attorney(s) appearing for the Case

Robert A. Fortuno, P.C. by Robert A. Fortuno, Tucson, for plaintiff/appellant Pioneer Trust Co. of Arizona.

Stephen D. Neely, Pima County Atty. by Peter E. Pearman and Christopher L. Straub, Deputy County Attys., for Pima County, Daniel Eckstrom, Raul Grijalva, and Greg Lunn.

Fish, Duffield, Miller, Young, Adamson & Alfred, P.C. by K. Alexander Hobson, Tucson, for Concerned Voters Council, Inc.

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

In this direct appeal, we affirm the superior court's judgment upholding the timeliness and legal sufficiency of a referendum petition challenging a county's conditional approval of rezoning. We have jurisdiction under Ariz. Const. art. 6, § 5(3) and A.R.S. §§ 19-122(C) and 19-144.

FACTS

Appellant Pioneer Trust Company of Arizona (the Owner) filed an application to rezone...

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