WADE v. GREENLEE COUNTY

No. 2 CA-CV 92-0079.

173 Ariz. 462 (1992)

844 P.2d 629

John WADE, Plaintiff/Appellant, v. GREENLEE COUNTY, et al., Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied February 2, 1993.


Attorney(s) appearing for the Case

Rake Downey McGovern Shorall & Cohen by Thomas P. McGovern, Phoenix, for plaintiff/appellant.

Charles E. Fletcher, II, Clifton, for defendants/appellees.


OPINION

LIVERMORE, Chief Judge.

Greenlee County, faced with declining receipts from conventional revenue sources, enacted with legislative authority a one-half cent sales tax to fund existing county programs. Referendum petitions were filed on that measure. Ultimately the trial court ruled that a tax measure could not be the subject of a referendum because Ariz. Const. art. IV, Pt. 1 § 1(3), conceded by the parties to be applicable to this county referendum...

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