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BARRY v. ALBERTY

No. 1 CA-CV 92-0255.

173 Ariz. 387 (1992)

843 P.2d 1279

John J. BARRY, Plaintiff-Appellant, v. Phyllis ALBERTY, Town Clerk, Town of Gilbert, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department D.

December 22, 1992.

Attorney(s) appearing for the Case

Theodore C. Jarvi, Tempe, for plaintiff-appellant.

Martinez & Curtis, P.C. by Jay M. Martinez, Steven B. Bennett, Phoenix, for defendant-appellee.

OPINION

CONTRERAS, Judge.

Appellant John J. Barry appeals from the trial court's judgment dismissing his petition for special action. In the special action petition, Barry asked the trial court for an order compelling the Gilbert Town Clerk ("Appellee" or "Town Clerk") to accept and file a referendum petition. The trial court dismissed the special action petition as untimely because it was not filed within ten days after Appellee refused to accept and file...

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