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WESTERN DEVCOR, INC. v. CITY OF SCOTTSDALE

No. CV-91-0116-AP.

168 Ariz. 426 (1991)

814 P.2d 767

WESTERN DEVCOR, INC., an Arizona corporation, Plaintiff/Appellant, v. CITY OF SCOTTSDALE, a municipal corporation; Mark G. Massie, in his capacity as City Clerk, for City of Scottsdale; Helen Purcell, in her capacity as Maricopa County Recorder; and Maricopa County, a body politic, Defendants/Appellees, Kenneth Pinckard, Guy Williams, Jr., Nancy Klein, Harmon C. Anderson, Nancy Campbell, and Susan W. Jones, Defendants/Intervenors/Appellees.

Supreme Court of Arizona, En Banc.

July 11, 1991.

Attorney(s) appearing for the Case

Beus, Gilbert & Morrill by Paul E. Gilbert, J. Tyrrell Taber, and Jeffrey D. Gross, Phoenix, for plaintiff/appellant.

Richard W. Garnett, III, City Atty. by Fredda J. Bisman, Deputy City Atty., Scottsdale, for City of Scottsdale.

Richard M. Romley, Maricopa County Atty. by Christina P. Sargeant, Deputy County Atty., Phoenix, for Maricopa County.

Gil Shaw, Phoenix, for defendants/intervenors/appellees.

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

Plaintiff Western Devcor (Owner1) challenged the sufficiency of referendum petitions and appeals the trial court's judgment upholding the validity of the petitions and permitting a referendum election. We have jurisdiction of this appeal pursuant to Ariz. Const. art. 6, § 5(3) and A.R.S. §§ 19-122(C), 19-121.03, and 19-141(C).2

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