DE SZENDEFFY v. THREADGILL

No. 1 CA-CV 93-0334.

178 Ariz. 464 (1994)

874 P.2d 1021

Rod DE SZENDEFFY, Plaintiff-Appellant, v. Diane THREADGILL, in her capacity as Town Clerk of the Town of Carefree, and Town of Carefree, a municipal corporation, Defendants-Appellees.

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

Review Denied November 1, 1994.


Attorney(s) appearing for the Case

Louis J. Hoffman, P.C. by Louis J. Hoffman, Scottsdale, for plaintiff-appellant.

Anderson, Brody, Levinson, Weiser & Horwitz, P.A. by Stephen A. Myers, Phoenix, for defendants-appellees.


OPINION

LANKFORD, Judge.

On this appeal, we consider whether a constitutional defect in a referendum petition circulator's affidavit may be cured by independent proof of the signatures' validity after the period to file the petition expires. We hold that defects in the circulator's affidavit may not be cured after the expiration of the filing period.

On this appeal from the trial court's grant of summary judgment, the material facts...

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