SHERRILL v. CITY OF PEORIA

No. 1 CA-CV 95-0533.

187 Ariz. 428 (1996)

930 P.2d 505

Chester B. SHERRILL; Paula Myles Investments, L.L.C., an Arizona limited liability company, Plaintiffs-Appellants, v. CITY OF PEORIA, a municipal corporation; Janice Graziono, in her capacity as City Clerk; Lorna Thacker, in her capacity as Representative of Yes, Oppose Unresponsive Representation, Citizens of Peoria, Defendants-Appellees.

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

As Amended August 23, 1996.

Review Granted January 14, 1997.


Attorney(s) appearing for the Case

Beus, Gilbert & Morrill, P.L.L.C. by Paul E. Gilbert and Jeffrey D. Gross, Phoenix, for Appellants.

Office of the City Attorney by Stephen M. Kemp, Peoria, for Appellee City of Peoria.

Yen & Pilch, P.L.C. by Robert E. Yen and Caroline A. Pilch, Phoenix, for Appellee Lorna Thacker.


OPINION

GARBARINO, Judge.

On this accelerated referendum election appeal, we find that the referendum petitions circulated were invalid because the attachments to the petitions did not include a copy of the Standards and Guidelines Report (Guidelines Report) referenced in the ordinance subject to the referendum. We reverse the trial court's dismissal of the complaint and remand with directions to enter an order granting summary judgment in favor of appellants...

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