McDOWELL MTN. RANCH LAND v. VIZCAINO

No. CV-97-0204-AP.

945 P.2d 312 (1997)

190 Ariz. 1

McDOWELL MOUNTAIN RANCH LAND COALITION, Appellant, v. Donna VIZCAINO, Murray F. Wilson, Carla and Peter Homenick and Frances Young, Helen Purcell, Maricopa County Recorder; City of Scottsdale, a municipal corporation; and Sonia Robertson in her capacity as City Clerk, Appellees.

Supreme Court of Arizona, En Banc.

September 18, 1997.


Attorney(s) appearing for the Case

Robbins Shumway & Foreman by John Jeffrey Bouma, Phoenix, for McDowell Mountain Ranch Land Coalition.

Snell & Wilmer, L.L.P. by Lonnie J. Williams, Jr. and Lisa M. Coulter, Phoenix, for Donna Vizcaino, Murray F. Wilson, Carla Homenick, Peter Homenick and Frances Young.

Grant Woods, Attorney General by C. Timothy Delaney and Eryn M. McCarthy, Assistant Attorneys General, Phoenix, for the State of Arizona.


OPINION

MARTONE, Justice.

This direct appeal arises from an action challenging the residency status of referendum petition circulators. The trial court found that a sufficient number of signatures were gathered by circulators who lacked the requisite "intent to remain" in Arizona under A.R.S. § 16-101(B) to enjoin the election. We affirm.

I. Introduction

On February 18, 1997, the City of Scottsdale adopted an ordinance rezoning certain...

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